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APWASHINGTON (AP) - Supreme Court nominee Elena Kagan's arguments as solicitor general in several cases on government secrecy were at odds with a promise of transparency made by her boss and top client, President Barack Obama.
In four of five cases she dealt with involving the Freedom of Information Act, Kagan argued in favor of secrecy, Justice Department documents show. In those four lawsuits, the Supreme Court took her side and let lower court rulings in the government's favor stand.
The justices haven't yet said whether they will take the fifth case, in which Kagan argued against broadening an open records exemption to let corporations claim personal privacy rights and avoid public release of government documents about them.
As the government's top lawyer arguing before the Supreme Court, the solicitor general generally determines which cases to take to the court and what to argue. The White House and Justice Department declined to say whether Kagan's arguments in open records cases reflect her personal views.
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