The case is playing out amid increased scrutiny of the handling of government documents by elected officials, including this week’s indictment of former President Donald Trump for allegedly mishandling and retaining classified documents.
for classified documents as part of its investigation into the potential mishandling of government records by Biden.
In April 2020, Judicial Watch and the Daily Caller foundation submitted requests under Delaware’s Freedom of Information Act for the gift agreement and records of all communications between the university and Biden’s representatives related to the papers. "Unless it is clear on the face of the request that the demanded records are not subject to FOIA, the public body must search for responsive records," the justices said. "A description of the search and the outcome of the search must be reflected through statements made under oath, such as statements in an affidavit, in order for the public body to satisfy its burden of proof."
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.
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