The Civil Beat Law Center has continued its efforts to push back against unnecessary sealing of public records, whether by public agencies or the courts.

In one recent case of interest, CBLC filed a motion seeking disclosure of approximately 70 search warrants that were related to the racketeering indictment of Mike Miske and his co-defendants. The search warrants were issued at different points over the course of the investigation that spanned a number of years.

In its motion, the Law Center argued that search warrants generally become a matter of public record after an indictment is issued. In addition, a local federal court rule provides that search warrants will be unsealed one year after their filing date unless prosecutors file a motion to extend the order requiring they be sealed.

The government responded that the records had to remain confidential because there is an ongoing investigation of others who are suspected of committing crimes along with Miske and his co-defendants. The Law Center replied that it seemed unlikely, given the extended time period ove which these search warrants has been approved, that they all relate to ongoing investigations. Even if they did, there would have to be a showing that limited redactions would not be sufficient to protect the government’s interests.

On July 11, Judge Derrick Watson signed an order largely agreeing with the CB Law Center, and requiring that the search warrants be unsealed unless, within 60 days, the government files a statement “disclosing the specific factual basis for continuing the seal” on each individual warrant or any portion thereof.

Generalized or conclusory explanations will not be sufficient. Any such statement should detail, among other things, (1) whether the case involves a person or persons under indictment, (2) whether the case involves an investigation that is ongoing or completed, (3) in any case where an investigation is ongoing, the person(s) subject to the investigation and the nature and status of the investigation, and (4) any other information pertinent to overcoming the “strong presumption in favor of access.”

On September 8, days before the 60-day deadline, the government filed a “ Statement in Support of Extension of Certain Sealing Orders.”

The document itself is not publicly available, so it isn’t yet known whether the government has asked to keep all of the records secret, or only selected records.

In an email reply to a question, R. Brian Black, director of the Law Center, said he was told by the federal clerk’s office that Judge Watson is reviewing that goverment’s submission, and the clerks are waiting for a further order from him before unsealing anything.

I’ll post more information as it becomes available.

The motion, replies, and court order are available on the Civil Beat Law Center website.