http://www.cnn.com/2003/LAW/12/02/foster.photos.ap/index.htmlLOS ANGELES, California (AP) -- Five government investigations concluded that White House attorney Vincent Foster's death in 1993 was a suicide. But Allan Favish, a Clinton antagonist from Southern California, suspects murder and is demanding to see 10 of the police photos.
On Wednesday, the U.S. Supreme Court will hear arguments on whether to release those photographs, in a potentially precedent-setting case pitting the public's right to know against the Foster family's privacy. The family does not want the pictures of the body released.
The case is more than a battle over sensational evidence in the death of a high-level Clinton administration official. It represents the first time the Supreme Court has agreed to rule directly on the privacy interests of the surviving family in a Freedom of Information Act case.
The outcome could increase the government's ability to withhold information from the public and the media, said Jane Kirtley, a media ethics and law professor at the University of Minnesota who filed a brief in support of Favish.
Several media-ethics organizations have filed court papers supporting Favish's position. On the other side, Teresa Earnhardt, the widow of race car driver Dale Earnhardt who fought to keep his autopsy photographs private, has filed papers in support of the government.
Foster, 48, was found dead of a gunshot to the head in a park in Virginia, outside the nation's capital. Foster, a longtime friend of Bill and Hillary Rodham Clinton, was handling several personal legal matters for them at the time, including their investment in the Whitewater real estate venture. A file on Whitewater was in Foster's office at the time.