So, if these are not part of the public record, by what right or
method was LAMP then allowed to publish these on their site? Paying
members or not, those that had access to the paid part of the LAMP
site are still "the public" with no right to read this private
material, from what seems to have been indicated by others here, who
have responded.
The transcript was disseminated to a portion of the public, albeit a
paying portion. Regardless of that point, was or is this even allowed
by law?
Just curious about the publishing aspect along and the legality of that.
Thanks.
Jeff
On May 1, 2010, at 8:08 PM, Holiday Russell wrote:
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
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