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Judge Orders Kennedy Center Closure Plan Unsealed as Privilege Fight Escalates

The fight over the Kennedy Center's closure has become a fight over what the public gets to see. A federal judge has ordered the full release of the…

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1280px John F. Kennedy Center and Watergate Complex DC Aerial
Wikimedia Commons: John F. Kennedy Center and Watergate Complex - DC Aerial.jpg - Licence: CC BY-SA 4.0

The fight over the Kennedy Center’s closure has become a fight over what the public gets to see. A federal judge has ordered the full release of the presentation the performing arts center’s board used when it voted to close the main building for a sweeping renovation, ruling in favor of the Ohio congresswoman suing to block the shutdown and the effort to attach the president’s name to the institution.

U.S. District Judge Christopher Cooper also ordered that a separate 163-page construction plan ultimately become public, giving the government one week to propose narrowly tailored redactions for material it says raises genuine security concerns, such as structural schematics and restricted-access areas. Because the board relied on the plan in court, the judge treated it as a court record carrying a strong presumption of public access.

The documents were presented at an August 13 board meeting where trustees voted to close the main building for renovations estimated at more than $250 million. The congresswoman, an ex officio board member, argues the public deserves to see the basis for decisions involving public money and a landmark federal cultural facility. Her lawyers are separately challenging the Justice Department’s use of executive privilege to withhold the president’s communications about the center, arguing that his role as board chairman of a nonprofit is distinct from his role as president.

The center’s main building has been closed since mid-September, and an earlier court order required the president’s name to be removed from the building. Proposed redactions are due October 14, with responses a week later. This story is developing.

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