Saturday, March 15, 2008

Courts rule for a right of access to secret plea agreements

by Analicia Jaramillo


The federal appeals court ruled on whether or not to make public plea agreements in two different cases, one regarding a drug cartel defendant and the other regarding a businessman accused of money laundering. The San Diego Union Tribune requested access to this information, thus prompting the courts to deliberate over the public's right to access.

Chief Judge Alex Kozinski stated that the issue involved was a compelling government interest involved that would override the public's right to access. Chief Kozinski claimed that a plausible government interest may be the safety of those involved in the two cases. As a result, the panel ruled to keep the documents sealed.

U.S. District Court Judge Larry Burns originally ruled to maintain the seal on the documents due to possible risk to the individuals involved in the cases, but later lifted this ruling and unsealing several of the documents, saying the risk was less severe than previously assumed.

The Tribune continues its battle in the court in the hopes to have more of these documents unsealed, arguing that it is the public's right to access, especially in cases such as these.

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