In a stunning move of questionable constitutionality, a federal court in late July conducted an entire two-day trial behind closed doors, with no access to the public or media “from the swearing in of the first witness through closing arguments.” As the Reporters Committee for Freedom of the Press reported, even the judge’s ruling was filed under seal.
The highly unusual move came in a trial involving a civil suit filed against the federal government by the family of a Jewish Defense League activist Earl Krugel who was beaten to death by white supremacists while in federal custody. Though United States District Court Judge Stephen Wilson has not explained his decision on the record (that was sealed as well), according to the Los Angeles Times, a clerk for the Central District of California judge said the closure was required because the case involved “testimony that concerned confidential ways prison officials identify gang members, especially the Aryan Brotherhood, which is a very dangerous gang.”
Last week, a coalition of media organization, including the Times, filed a motion to intervene and to unseal the trial transcript and other related records. The motion to intervene was granted three days later, and the judge requested briefing on the motion to unseal.
In their motion, the media intervenors point to a long line of Supreme Court authorities affirming that the public and the press enjoy a presumptive right of access to civil trials and court records. Any order abrogating that presumptive right must be based on “compelling reasons,” laid out on the record in specific findings of fact. The judge must determine specifically that the sealing of court records or closing of court proceedings is “essential to preserve higher values and is narrowly tailored to serve that interest.”
As the intervenors point out in their motion, it is exceedingly difficult to understand what the compelling reasons for secrecy are or whether the order is indeed narrowly tailored when everything in the case is under seal, including the government’s request for closure. In any case, intervenors pointed out to the court that any supposed security concerns are undermined by the fact that “a description of the relevant parts of the Bureau of Prison’s Program Statement” and other documents relevant to classifying inmates were contained in the court’s previous order ruling on the government’s motion to dismiss. In his order granting the media groups’ motion to intervene, the judge expressed particular interest in briefing on this possible waiver of any security claims.
We will let you know of any developments in this troubling case, including any rulings on the motion to unseal.
Add a comment
Archives
- January 2022
- June 2021
- March 2020
- August 2019
- March 2019
- October 2018
- July 2016
- June 2016
- May 2016
- February 2016
- November 2015
- September 2015
- July 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- July 2014
- March 2014
- July 2013
- June 2013
- April 2013
- March 2013
- October 2012
- September 2012
- August 2012
- April 2012
- March 2012
- February 2012
- January 2012
- November 2011
- September 2011
- June 2011
- May 2011
- April 2011
- February 2011
- January 2011
- December 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- November 2008
- October 2008
- September 2006
- February 2006
Recent Posts
- Rethinking Your Cyber Insurance Needs as Your Workplace Evolves
- Data Breach Defense for Educational Institutions
- COVID-19 and the Increased Cybersecurity Risk in a Work-From-Home World
- Like Incorporating Facebook into your Website? EU Decision Raises New Issues
- Lessons Learned: Key Takeaways for Every Business from the Capital One Data Breach
- Will Quick Talks to WRAL About Privacy Issues Related to Doorbell Cameras
- About Us
- Not in My House - California to Regulate IoT Device Security
- Ninth Circuit Says You’re Going to Jail for Visiting That Website without Permission
- Ninth Circuit Interprets “Without Authorization” under the Computer Fraud and Abuse Act
Topics
- Data Security
- Data Breach
- Privacy
- Defamation
- Public Records
- Cyberattack
- FCC Matters
- Reporters Privilege
- Political Advertising
- Newsroom Subpoenas
- Shield Laws
- Internet
- Miscellaneous
- Digital Media and Data Privacy Law
- Indecency
- First Amendment
- Anti-SLAPP Statutes
- Fair Report Privilege
- Prior Restraints
- Education
- Wiretapping
- Access to Courtrooms
- FOIA
- HIPAA
- Drone Law
- Access to Search Warrants
- Access to Court Dockets
- Intrusion
- First Amendment Retaliation
- Mobile Privacy
- Newsroom Search Warrants
- About This Blog
- Disclaimer
- Services