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EDITORIAL: Sunshine: Clouded Government: Clouded Government

Posted on: Tuesday, 28 March 2006, 09:00 CST

By The Charleston Gazette, W.Va.

Mar. 28--IT'S ironic that just after National Sunshine Week, dedicated to government openness, Gov. Joe Manchin argued for more secrecy in government.

The governor's office appealed a Kanawha Circuit Court decision stating that West Virginia does not have any provision for "executive privilege." We hope the appeal fails, because we think Judge James Stuckey got it right.

The Manchin administration put forward the tired argument that without this protection for communications between people in the governor's office, there will be a "chilling effect" that will discourage frank discourse. However, if a chilling effect means that government officials will be careful about their discussions, that is not a bad outcome. If it means they won't even consider policies or tactics they don't want the public to know about, that's healthy. This is what the concept of sunshine is all about. It means keeping government honest.

Manchin should be aware of the distasteful history behind executive privilege. It has been used by corrupt administrations, the Nixon White House most famously, through the years and up to the present, trying to hide illegal and unethical behavior. Does Manchin really want to be in that sort of company?

The case at hand involves the state Surface Mine Board's approval of the Department of Environmental Protection's revocation of a permit to build a coal silo next to Marsh Fork Elementary School in Raleigh County. The coal company, which claims that the governor is prejudiced against it, demanded internal state records that would show whether Manchin personally intervened in the action. However, we assume that the board came to its conclusion on factual merits, regardless of the governor's feelings about the coal firm, whose president had sued him.

But Manchin's insistence on secrecy in this case makes it appear that he has something to hide. He should realize that any time a government leader claims "executive privilege," the public suspects a cover-up.

Manchin should remember that the state government belongs to the people of West Virginia, who have a right to know how it functions and how decisions are made.

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Copyright (c) 2006, The Charleston Gazette, W.Va.

Distributed by Knight Ridder/Tribune Business News.

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Source: The Charleston Gazette

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