The state Supreme Court is mulling whether the University of Delaware was justified in denying requests from Judicial Watch and the Daily Caller News Foundation for records related to the school’s receipt of President Joe Biden’s senatorial papers.
The Delaware Supreme Court overturned the judge’s decision in December 2021 and sent the case back to Superior Court, ruling that the university had not met its burden of proof to justify the denial. The Supreme Court noted that factual assertions by the university were not made under oath and did not describe efforts to identify any responsive documents.
Despite that ruling, the university apparently did not search for any responsive records. Instead, it submitted a sworn affidavit from a university lawyer who said she was told in January 2020 that no state funds had been used in connection with the Biden papers. She was also told that state funds are not used for the school’s email system, over which any relevant communications might have been made.
In fact, however, the university submitted no evidence of any search. The affidavit, meanwhile, was based on conversations that took place four months before Judicial Watch and Daily Caller News Foundation even filed their FOIA requests — and almost two years before the Supreme Court ruling. Given the lack of a document search, Justice Abigail LeGrow asked university attorney William Manning how the university’s actions were consistent with the court’s prior ruling.
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