The battle over Dean’s records began last year when three Vermont newspapers took him to court after being denied access to his official schedule. Reporters were trying to track Dean’s out-of-state political trips. State lawyers argued that release of the schedule could jeopardize his safety and that the governor’s office was not a public “agency” covered by state open-records law–two notions rejected by the Vermont Supreme Court. (The court ultimately ruled that those portions of the schedule related to his political trips had to be released, but those relating to state policy could be redacted.) Then last January, Dean’s chief counsel David Rocchio negotiated a sweeping agreement that resulted in about 140 boxes of Dean records containing several hundred thousand pages of documents being locked up for 10 years at a state archive in Middlesex, said Greg Sanford, the state archivist. The sealed papers include Dean’s correspondence with advisers on, among other matters, Vermont’s “civil unions” law and a state agency that critics charged was used to grant tax credits to Dean’s favored firms. Rocchio said the sealing agreement was driven by “legitimate” policy concerns, but also by, he later acknowledged, political factors. “All you have to do is look at what [Dean’s opponents] are doing with the existing records,” he said. “They’re distorting his record.”
