Area 51 workers, newspaper seek release of data about secret air base
By The Associated Press
06.21.02
SAN FRANCISCO — The U.S. government is abusing its secrecy powers to prevent the release of embarrassing information about a top secret Nevada air base, contend attorneys for the Las Vegas Review-Journal and Area 51 workers.
The lawyers have asked the 9th U.S. Circuit Court of Appeals to review and release court information that has been kept secret on grounds that it could hurt national security.
Roger Myers is representing the newspaper and Jonathan Turley is representing two widows and five current and former workers who say they were injured when they inhaled toxic chemicals burned at the base.
"For these workers, their injury by the government was not just what happened at Area 51," Turley said after the June 14 hearing. "Their injury was what happened after, when the government came into court and lied about facts relating to its conduct and facts in the record. We're all very committed to continuing this as long as it takes."
A three-judge panel heard the arguments, as well as those against motions by Ronald Spritzer of the Department of Justice, representing the federal government.
"My clients want the court to correct the abuse of national security," Turley said.
A ruling is to be issued later.
The documents at issue were filed in a 1994 lawsuit brought by Turley, a George Washington University law professor, on behalf of the unidentified injured workers and the late husbands of Helen Frost and Stella Kasza. The lawsuit was filed in U.S. District Court in Las Vegas.
Turley sued federal defense, environmental and intelligence agencies, alleging the plaintiffs were harmed by inhaling toxic chemicals burned at the base in the 1980s. The base violated environmental laws that prohibit open-pit burning of hazardous wastes, the lawsuit claims.
The same 9th Circuit panel ruled in January 1998 that Turley's clients were not entitled to learn what hazardous substances were used at the base or how they were disposed of. The U.S. Supreme Court in November 1998 refused to hear an appeal of the ruling sought by Turley, in effect upholding the lower court decision.
The merits of Turley's lawsuit have not been heard in court, but the 9th Circuit panel ordered U.S. District Judge Philip Pro of Las Vegas to review and release documents that did not violate national security concerns.
Myers and Turley argued on June 14 that too much information unrelated to national security concerns remains hidden from the former workers and the public. Turley told the judges he can cite numerous examples where information is withheld in one court document but not another.
Other than acknowledging the existence of a classified installation, the government argues that presidential orders keep secret all information about what is commonly known as Area 51, which is 90 miles north of Las Vegas in the dry Groom Lake bed.