By Leslie Miller
Associated Press
Jan. 3, 2003
WASHINGTON - The Office of Homeland Security lost the first round in a legal
fight to keep its activities secret as a federal judge ruled it will have to
answer questions about its power over other agencies.
U.S. District Judge Colleen Kollar-Kotelly ordered the office to prove it has
no authority other than helping and advising President Bush if it wants to dismiss
a lawsuit seeking access to its records.
The ruling last week favored the Washington-based Electronic Privacy Information Center, which is trying to get Homeland Security records on proposals for a national driver's license and for a "trusted flier" program that relies on biometric information to identify airline passengers.
Kollar-Kotelly said the center "may inquire into the nature of the authority delegated to (the Office of Homeland Security) to determine whether or not it possesses independent authority." David Sobel, attorney for the privacy group, called the ruling an intermediate victory over Homeland Security Director Tom Ridge.
"This is about opening a window into the activities of what has been, until now, a very secretive entity," Sobel said.
Homeland Security tried to get the lawsuit dismissed, claiming it doesn't have to release records because it's not an agency. The privacy group said it didn't have enough information to prove otherwise and asked for permission to find out how the office exercises its authority.
Earlier this year, Ridge refused to testify before Congress on the grounds that he merely advises Bush.
Homeland Security will no longer be able to make that argument when it becomes
a new federal department on Jan. 24.
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