I'm not speaking to the issue about how the transcript was picked up off of LAMP, I have no information about that. I'm only referring to the statement that a deposition transcript is a public record subject to FOIA. Typically, this is not true.
Most deposition transcripts are not part of the public record. Typically, they are only made a part of the record if there is a particular purpose for filing them with the court. Typically, the are used ultimately for impeachment purposes at trial if a witness contradicts his earlier testimony. Moreover, when filing transcripts if the need arises, there are redaction rules that govern the attorneys who are filing the transcript. Additionally, most attorneys are sensitive to filing a witness's financial information in a public proceeding and will thus ask that the court either seal the transcript or enter a confidentiality order which prevents access absent limited circumstances. I would say that whoever it was that released the transcript to begin with was amiss and somewhat cavalier in doing so. I respect Sue's attempt to keep it confidential within the confines of LAMP, but frankly, it should not even have gotten that far. Of course, I'm sure there are facts out there which may have warranted deviation from the typical scenarios, and I hope that someone along the lines of this discussion helps clarify the circumstances under which the transcript was released so that we can all consider it in its appropriate context. Holiday Visit the MoPo Mailing List Web Site at www.filmfan.com ___________________________________________________________________ How to UNSUBSCRIBE from the MoPo Mailing List Send a message addressed to: lists...@listserv.american.edu In the BODY of your message type: SIGNOFF MOPO-L The author of this message is solely responsible for its content.