EDITORIAL: Access to records

This page writes about public records issues so frequently because government can get away with just about anything if it succeeds in blocking access to documents and data. Two stories from last week are instructive in the lengths agencies will go to deny scrutiny of public-sector shortcomings.

Former U.S. Sen. John Ensign, R-Nev., is back in the news. He resigned his office in 2011 amid investigations into his affair with the wife of Doug Hampton, his former top aide. The investigations uncovered evidence that Ensign, now a veterinarian in Las Vegas, had violated Washington’s cooling-off law by landing Hampton lobbying work less than a year after he had left Ensign’s staff. Ensign hoped finding Hampton work would ensure his silence.

Hampton was prosecuted and pleaded guilty to lobbying violations in 2012. But Ensign was never charged.

Citizens for Responsibility and Ethics in Washington sued the Department of Justice under the Freedom of Information Act to obtain documents from the Ensign investigation, and what it received was heavily redacted — including emails that specifically explained the decision to not prosecute Ensign. However, the findings released Monday by CREW determined authorities were afraid of losing in court and backed off because of “undue deference to public officials.”

Bottom line: Ensign got preferential treatment, perhaps because of his office, perhaps because of his family’s wealth and ability to hire the best defense lawyers available. It’s disgraceful that we can’t learn more — the only reason for Washington to continue to withhold information is to protect those who protected Ensign. But we now know enough to understand that justice wasn’t done — because CREW insisted on seeing the records that said as much.

Another story from last week highlighted the resolve that’s sometimes required to get at the government work product we pay for. As reported by the Nevada Journal, John Eppolito, who was told earlier this year that he’d have to pay more than $10,000 to review the state Department of Education’s records on his kids, finally was granted the ability to see that data — free of charge. Ironically, it took federal intervention to get the state to come clean. Mr. Eppolito found 30 incorrect addresses associated with his four children. “Who knows what else is getting mixed up?” he asked.

Perhaps now more parents will ask the same questions he did — now that they can see the records.