Delaware Supreme Court Hears Arguments Over Public Access to Biden's Senate Records

The Delaware Supreme Court is considering whether the University of Delaware was justified in denying requests for records related to the school's receipt of President Joe Biden's senatorial papers.
The records have been the subject of multiple FOIA requests and are subject to a gift agreement that prohibits their public release until two years after Biden "retires from public life."
The university denied the FOIA requests, stating that the records sought were not considered public records under Delaware's FOIA because they don't involve the expenditure of state funds by the school.
The Delaware Supreme Court overturned a previous decision and sent the case back to Superior Court, ruling that the university had not met its burden of proof to justify the denial.
The university apparently did not search for any responsive records and instead submitted a sworn affidavit from a university lawyer who said she was told in January 2020 that no state funds had been used in connection with the Biden papers.