Hey Ted....Check Sandy Berger's pants.

August 16, 2005

KENNEDY CALLS FOR INVESTIGATION INTO VITAL
MISSING DOCUMENTS ON JOHN ROBERTS

FOR IMMEDIATE RELEASE CONTACT: Laura Capps/Melissa Wagoner
(202) 224-2633
Washington, D.C. -- Today, Senator Edward M. Kennedy sent a letter
to the U.S. Department of Justice calling for an immediate investigation
into the missing Affirmative Action documents referred to in the August
15 cover letter accompanying John Roberts' documents from the National
Archives and Records Administration (NARA).

The missing files, titled "Affirmative Action Correspondence," had been
in possession of unnamed Administration officials in mid-July, presumably
before John Roberts was nominated to the Supreme Court.

With only a few weeks left to review these important documents, Senator
Kennedy sent the following letter to the DOJ requesting a speedy
investigation into this matter. The text of the letter is provided below:
August 16, 2005
Glenn A. Fine U. S. Department of Justice Office of the Inspector General
950 Pennsylvania Avenue, N.W., Suite 4706 Washington, DC 20530
H. Marshall Jarrett U.S. Department of Justice Office of Professional
Responsibility 950 Pennsylvania Avenue, N.W., Suite 3529 Washington,
D.C. 20530

Dear Mr. Fine and Mr. Jarrett:
The cover letter which accompanied the August 15, 2005, release by
the National Archives and Records Administration of John Roberts'
documents from the Reagan Presidential Library stated that NARA
was "unable to locate" a folder entitled "Affirmative Action Correspondence"
which had been in the possession of unnamed "administration officials"
during the review process. We understand that in addition to White
House personnel, those officials may have included Department of Justice
personnel.

Although NARA believes that it has located other copies in its files of some
or all of the missing documents, there remains the question of what
happened to the original documents. Given the importance of the
documents, and their disappearance in the context of a highly
controversial Supreme Court nomination, where the nominee's
opposition to accepted remedies for discrimination may well be a
key issue, I request that you conduct an immediate and expedited
investigation into their disappearance.

Given the short timeline for consideration of the nomination, I ask
that you confirm promptly that one or both of your offices will
speedily investigate the matter.

As always, thank you for your assistance,

Respectfully,
Edward M. Kennedy