by Matthew Hardin, FME Law Counsel

E&E Legal first sued the Vermont Attorney General in June of 2016, seeking records related to that Office’s role in organizing a “climate-RICO” cabal among activist attorneys general, and private activists, targeting political opponents. Ordinarily, in public records suits, the law allows for a speedy resolution, because the law recognizes that getting information quickly is often just as important as getting it at all.

Unfortunately, over a year later, E&E Legal is still fighting a “stone wall” that bureaucrats in Vermont have built to keep records out of the public eye. After William Sorrell retired from office and was replaced by TJ Donovan, the new Attorney General attempted to argue he wasn’t responsible for searching or maintaining his predecessor’s files. Vermont’s Office of the Attorney General is refusing to search for records on a non-official count E&E has already demonstrated to the courts the former AG, William Sorrell, used for work. Simultaneously, Sorrell’s co-ringleader in New York, Eric Schneiderman, also refused to search an account E&E Legal has established was used to create government records.

E&E Legal was forced to file a motion to bring William Sorrell back into court. Media outlets have proven that Sorrell used a Gmail account, as well as an official email account, to conduct business of the State of Vermont. The current Attorney General hasn’t searched Sorrell’s Gmail account, or even taken measures to ensure that Sorrell turned over copies of all public records in his possession before leaving office.

E&E is especially troubled that Vermont’s current attorney general is the lawyer protecting former AG Sorrell’s work-related Gmails from public disclosure, and apparently also from compelling Sorrell to turn over to the government and to the public the very records that he created in the use of a taxpayer-funded office. This is not how a transparent government operates, and the people of Vermont deserve better. It is especially unfortunate that TJ Donovan has chosen to embrace his predecessor’s aversion to transparency.

Now that the Court has ordered Sorrell joined in E&E Legal’s lawsuit, E&E was hopeful that the citizens would finally be able to get some answers about his use of Gmail. E&E even sent out a Notice of Deposition requiring Sorrell to answer questions under oath regarding his use of nongovernmental email accounts and his preservation of public records. On October 4, E&E attorneys will travel to Montpelier to finally ask Mr. Sorrell the questions he has been avoiding since 2016.

Unfortunately, as the public learned in the highly-publicized cases of Lois Lerner and Hillary Clinton, sometimes bureaucrats are allergic to sunlight and answering the tough questions. Just this afternoon, Vermont officials told E&E Legal’s attorneys that Mr. Sorrell would object rather than answer the questions E&E has been fighting to ask for over a year.

E&E Legal will keep fighting in Vermont, until the truth finally comes out. It’s unfortunate that the bureaucrats have already delayed our cases for over a year without releasing records, but we will not rest until transparency wins the day.