The New York Times this morning reports on the Bush Administration's decision to release some of the records from John Roberts past, but not all of them. 

The Times article states: "The Bush administration plans to release documents from Judge John G. Roberts's tenure in the White House counsel's office in the mid-1980's and his earlier job working for the attorney general, but will not make public papers covering the four years he spent as principal deputy solicitor general starting in 1989."  (Emphasis added). 

The story goes on to explain that an unnamed Administration official said that the White House had reviewed some of the papers from Judge Roberts's work in the counsel's office and saw nothing in them that could create problems for his confirmation.  (Emphasis added).

First, it is very disquieting that the Administration might have decided differently on the disclosure question if they had found something in there that could have created problems for his confirmation.

Also, that statement raises serious suspicions about the Administration's refusal to turn over documents from Judge Roberts' tenure in the Office of the Solicitor General.  How are we to take their arguments about privacy seriously when we now know that they read the documents and assess their potential for creating problems for the confirmation? 

Moreover,  I don't understand how one can argue that the United States Senate shouldn't be able to see the work product of a lawyer working in the Solicitor General's Office in the first place.

From the Solicitor General's own web page: "The Solicitor General determines the cases in which Supreme Court review will be sought by the government and the positions the government will take before the Court."  (Emphasis added).  

The Senate -- it seems to me -- should be able to view the work of the Solicitor General's Office whenever it pleases.  For all intents and purposes, the Senate is the Solicitor General's Office's client.  

The Senate should especially get to see the work product of a former Solicitor General's Office lawyer who has been nominated to the Supreme Court of the United States, and who has an otherwise scant record of written work.