First of all, according to Vermont law, Dean wasn't permitted to seal those documents for the reasons he claimed at the time for doing so.
http://www.judicialwatch.org/cases/107/deancomp.htm<snip>
This action seeks Defendants' compliance with the Vermont Access to Public Records Act, 1 V.S.A. §§ 315 to 320. Defendants have steadfastly refused to disclose hundreds of thousands of pages of public records and papers of former Vermont Governor and current United States presidential candidate, Dr. Howard Dean, based solely on an unsupported, blanket claim of "executive privilege" as memorialized in a "Memorandum of Understanding" that Dr. Dean negotiated with the other Defendants. However, some five months before officially announcing his candidacy for president, Dr. Dean acknowledged (on Vermont Public Radio) that this secrecy is motivated by "future political considerations" and the desire to prevent "anything embarrassing
appearing in the papers at a critical time in any future endeavor." This is not a legitimate basis for refusing to release public documents.
...
Vermont's Access to Public Records Act declares: "Officers of government are trustees and servants of the people and it is in the public interest to enable any person to review and criticize their decisions even though such examination may cause inconvenience or embarrassment." 1 V.S.A. § 315. The Act permits "ny person" to "inspect or copy any public record or document...." 1 V.S.A. § 316.
...
There is no Vermont statute or other law that authorizes a governor (or anyone else, for that matter) to enter into a "Memorandum of Understanding" as a means of preventing public review of a governor's official correspondence.
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Second, there are already letters and documents that were left unsealed and are available to the public including documents that were marked "not for public disclosure," so the excuse that the sealed records were sealed for the privacy protection of Vermonters doesn't fly:
http://news.bostonherald.com/national/national.bg?articleid=117
<snip>
Also readily available are letters written to and from Dean detailing personal struggles and medical conditions of his constituents.
They include correspondence with a couple about the care of their daughter with Down syndrome and Alzheimer's and a couple who detailed to Dean the medication they take.
more...
...
The documents include five security directives from the Nuclear Regulatory Commission in the days after the Sept. 11, 2001 terrorist attacks - several are direct correspondence from NRC Chairman Richard A. Meserve to Dean. Most of the papers are marked "not for public disclosure" and threaten civil and criminal penalties.
<end snip>
Further, some of the documents that were sealed are already known to be records that are NOT private correspondence and have nothing to do with the privacy of Vermonters:
http://news.bostonherald.com/national/national.bg?articleid=117
<snip>
Dean sealed many of his government files for 10 years - including all his press releases and many speeches, keeping them private until 2013. Previous governors sealed records for six years.
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Also, Dean can still open the records himself which refutes the claim that his hands are tied.
http://www.washingtonpost.com/ac2/wp-dyn/A57807-2003Dec11?language=printer
<snip>
Responding to the mounting criticism, Dean said this week that he would leave the matter up to the judge in the Judicial Watch lawsuit. Deputy Secretary of State William A. Dalton, whose staff oversees the archives, said a decision could be months away, but he is preparing his staff for the possibility that the court, or Dean himself, will make some documents available sooner.
Fitton, of Judicial Watch, said that Dean is trying to delay the process. Last year, three Vermont newspapers sued for access to Dean's schedules. It took several months for a judge to rule that some should be made public. "It is clearly a stall tactic to say, 'Let the judge decide,' " Fitton said. "Once people realize that, the pressure to open them up himself will increase."
<end snip>
*Tom Fitton is Judicial Watch President
http://www.judicialwatch.org/3536.shtml
Dean is now proposing to turn over the responsibility of the records opening to William Sorrell who is the present Attorney General of Vermont, appointed to that position by Dean himself, and who was in on the sealing of the records to begin:
http://www.judicialwatch.org/cases/107/deancomp.htm
<snip>
Sanford also asserted that other gubernatorial records of Governor Dean were not available for inspection, but, rather, were protected from public disclosure by a January 2003 Memorandum of Understanding ("MOU") entered into and executed by Governor Dean, Defendant Markowitz and Vermont Attorney General William Sorrell ("Sorrell"). According to the MOU, a copy of which was included with Sanford’s August 26, 2003 response, "any portion of correspondence determined by Governor Dean to be encompassed by executive privilege" will be sealed for ten years. (A copy of the MOU is annexed hereto as Exhibit 3.)
<end snip>