The White House request that members of the public report anyone who is spreading "disinformation" about the proposed national health care makeover could lead to a White House database of political opponents that will be both secret and permanent, according to Republican lawyers on the Senate Judiciary Committee who are examining the plan's possible implementation.
Senate Judiciary Committee lawyers studying the proposal say that although there is no absolutely settled law on the matter, the White House plan is likely not covered by the Privacy Act, which prohibits government agencies from keeping any records "describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statue or by the individual about whom the record is maintained." Therefore, it appears the White House can legally keep records of the emails and other communications it receives in response to Phillips' request.
Those lawyers also point out that the White House is not covered by the Freedom of Information Act, which means it would not have to release any information on the plan to members of the public who make a request.
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