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November 05, 2007


Orin Kerr

I've been following it, but I don't know what to make of it. Was this a case of a rogue officer who broke the rules, or was there more of this? If the former, it doesn't seem like a big story; if the latter, it does. I just don't know, based on the limited picture we can see.


The biggest problem is that the 2d Circuit appears to have taken many (possibly illegal) shortcuts to cover up this material. This is a very grave First Amendment issue, and to most people it appears that the Second Circuit fell victim to an “Everything is different after 911” ruse. This is all the more strange, because the Second Circuit has a very robust jurisprudence on sealing or unsealing documents.

The next question is: WHY? They didn’t offer an answer. Nor does, it appears, the District Court.

Then we get to the question of whether this was a rogue officer. It probably was not. There is no indication that he was punished for his behavior.


I see that you've been removed from the VC's blog roll.

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