Torricelli files motion to block immediate release of memo
By The Associated Press,
freedomforum.org staff
09.25.02
TRENTON, N.J. — Attorneys for U.S. Sen. Robert Torricelli asked a federal appeals court yesterday to block the immediate release of a memo that describes how a now-imprisoned businessman made illegal campaign contributions to the senator.
Several news media organizations are seeking the memo's immediate release. The document outlines businessman David Chang's cooperation with the government.
The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled Sept. 20 that the document should be made public, but court rules could keep it sealed for at least 45 days, or Nov. 4, the day before the election.
A lawyer for the media group asked a federal appeals court on Sept. 23 to immediately release the document, arguing that it should not remain secret until after election. The media argued that a delay in making the memo public would undermine confidence in the 3rd Circuit's ruling if the judges allowed "discretionary court rules to keep the letter unavailable to the public until after the information in the letter has lost its news value."
Torricelli's lawyers argued in their motion that the immediate release would rob him of the right to adequately prepare for an appeal. He objects to the media group's argument that the information should be released in time for the public to consider the letter before the election.
"There is no basis to treat this case any differently than the ordinary case and shorten the presumptive 45-day period set out in the rules," the motion states. "The existence of an election does not provide such a basis."
Torricelli, D-N.J., is engaged in a tight race against Republican Douglas Forrester, who has made a Senate ethics committee reprimand of Torricelli a central element of his campaign.
A message seeking comment from Torricelli lawyer Theodore V. Wells Jr. was not immediately returned.
Attorney Bruce Rosen, who is arguing the case for the media group, said the action was a move to delay release of the letter until after the election. Rosen said he planned to submit a response to Torricelli's motion today.
"The court was unequivocal in its underlining of the lack of a case presented by Senator Torricelli," Rosen said. "It said specifically the senator's arguments are meritless."
The New York Times, The Philadelphia Inquirer, The Record of Hackensack, WNBC-TV of New York and the American Broadcasting Cos., are seeking the release of the memo. The Star-Ledger of Newark filed papers supporting the request.
The 3rd Circuit panel's ruling overturned a lower court decision that only an edited version of the memo should be released.
Lawyers for Torricelli and the Justice Department had asked for Chang's sentencing memo to be sealed, saying that revelation of the material from the memo would violate Torricelli's privacy.
But the 3rd Circuit panel ruled that the letter should be released in its entirety. The court said that much of what was contained in the memo had already been printed in newspaper stories and that the remaining information was not subject to secrecy rules.
"As far as the Senator's privacy is concerned, the ink was in the milk and nothing in the government's memorandum worsened the situation for him," the court wrote.
The appeals panel also rejected arguments that releasing the memo might reveal the government's decision-making process in the investigation.
"Neither the government's asserted interests in protecting law enforcement methods and judicial efficiency, nor Torricelli's asserted privacy interests overcome the important governmental and societal reasons for openness and allowing access," the court wrote.
The panel said it granted the news media's appeal under "the common law right of access to judicial records" and, therefore, did not need to rule on the First Amendment issues raised.
Torricelli was never charged in a three-year government investigation, which ended in January. Chang and six others admitted making illegal donations to Torricelli's 1996 Senate campaign.
U.S. District Judge Alfred M. Wolin of Newark sentenced Chang to 18 months in federal prison in May after prosecutors certified that Chang had provided substantial assistance.