Transparency News 11/12/18

 

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Monday
November 12, 2018

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state & local news stories

GivingTuesday

A federal judge unexpectedly sealed large swathes of a racketeering case against suspected members of a Danville street gang, barring the public from viewing documents related to nine of the 10 defendants in the sweeping case. The case against the Rollin 60s Crips remained open for months before being closed this week. The only information now visible relates to defendant Matthew Ceasar Ferguson, culminating in a plea agreement unsealed Tuesday evening. Kevin Goldberg, a Washington D.C.-based lawyer, said orders to seal a case have to be narrowly tailored to a need for secrecy. And in sealing a case, the public’s right of access to open court proceedings must be balanced with the need to conceal sensitive information. The move is something of an oddity, law professor at University of Indiana Bloomington Tim Morrison said. It is not abnormal for prosecutors to seal plea agreements or parts of a case containing sensitive information, but to seal an entire case is rare.
Register & Bee

The day before she was sworn in to public office, Phyllis J. Randall created a Facebook page and encouraged citizens to share criticism and compliments. A month later, Randall deleted what she deemed a “slanderous” accusation delivered anonymously and aimed at someone other than her. She blocked the commenter from her page. The ban was brief, no more than 12 hours. But the fallout sparked a novel federal case that has implications for how President Trump manages his active Twitter account and for his millions of followers. Government officials throughout the country are learning to navigate what free speech advocates describe as the digital equivalent of traditional town hall meetings. In Virginia, the Richmond-based federal appeals court is on track to become the first to answer the question of whether First Amendment protections prevent public officials from closing off their social media feeds.
The Washington Post

A Virginia State Police trooper accused of destroying seized items in a Smyth County drug case has been found guilty of two misdemeanor charges, according to court records. Trooper Lee J. Testerman, 40, of Chilhowie, on Thursday was found guilty of two counts of false entry and destruction of public record in Smyth County. He was given six months of probation.
Bristol Herald Courier

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national stories of interest

In Delaware, citizens can't view emails between lawmakers and the lobbyists trying to influence them.   They can't see a list of Delaware LLCs, which provide much of the state's revenue.  Residents also can't see reports on police misconduct investigations, most information about the operations of taxpayer-funded universities or what exactly Delaware offered to Amazon in its failed bid to become the site of its second headquarters. "Redactions, high costs and time delays are symptoms of an illness in the freedom of information to which we are entitled," said Nick Wasileski, president of the Delaware Coalition for Open Government. 
Delaware Online

Racine, Wisconsin, city officials won't say how much they're paying an outside law firm to try to punish an alderman whose fight to get public records has been sealed by a judge. They told the Racine Journal Times that the information is all part of the same big secret. The Milwaukee Journal Sentinel first reported on the case in September, prompting several media organizations to call for the case — currently before the Court of Appeals — to be unsealed. Racine County Circuit Judge Eugene Gasiorkiewicz took the unusual step of sealing an entire lawsuit filed by Ald. Sandra Weidner to obtain public records about her own emails.  
Milwaukee Journal Sentinel

Fired FBI chief James Comey used his private Gmail account hundreds of times to conduct government business — and at least seven of those messages were deemed so sensitive by the Justice Department that they declined to release them. The former top G-man repeatedly claimed he only used his private account for “incidental” purposes and never for anything that was classified — and that appears to be true. But Justice acknowledged in response to a Freedom of Information request that Comey and his chief of staff discussed government business on about 1,200 pages of messages, 156 of which were obtained by The Post.
New York Post

The trial of Jason Van Dyke, the former Chicago police officer convicted in the 2014 fatal shooting of 17-year-old Laquan McDonald, may be over for now. But the fight, involving the Reporters Committee for Freedom of the Press and a group of media organizations, continues for access to court records in the case. From the beginning, journalists had to fight for information about Van Dyke and the shooting. But the dogged efforts of independent journalists Jamie Kalven and Brandon Smith eventually led to the release of crucial information about how McDonald died and how the city and police department responded to the shooting.  The Reporters Committee and a group of 18 media organizations initially became involved in the Van Dyke case to help quash a subpoena that could have required Kalven to testify about his confidential sources for his reporting on the shooting. It was only after counsel for the Reporters Committee tried to obtain court records at the county clerk’s office and was told that filings in the case weren’t publicly available that the Reporters Committee became aware of the broader access issues at hand.
Reporters Committee for Freedom of the Press
 

 

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"Redactions, high costs and time delays are symptoms of an illness in the freedom of information to which we are entitled."

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editorials & columns

 

 

Charlottesville police have just gotten permission to buy a system that will allow them to break through personal security passwords and access information in iPhones and Apple operating systems. Having this capability will speed up the investigatory process. Privacy is at stake, but citizen privacy and the integrity of the law enforcement system should be protected by the requirement to obtain a search warrant
The Daily Progress

Whatever one thinks of Rep. Devin Nunes', R-Calif., leadership on the House Intelligence Committee, Nunes' family deserves better treatment from the media. Speaking on Saturday at the Washington Examiner's Sea Island Summit in Sea Island, Ga., Nunes documented numerous incidents of harassment that his family has faced from various journalists. The congressman explained how his family members have had random journalists turn up at their homes and businesses demanding information and disrupting their daily lives. Even more concerning, Nunes noted that his wife's school board has faced freedom of information requests related to her emails. Nunes' wife is a third-grade school teacher, and her colleagues have also faced similar requests. What possible justification could there be for these emails to be sought?
Tom Rogan, Washington Examiner

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