Read the Ruling: 2nd Circuit Orders Jeffrey Epstein Records Unsealed, Cautions Media and Public
The U.S. Court of Appeals for the Second Circuit ordered the immediate release of nearly 2,000 pages of records related to Jeffrey Epstein's case, but not without warning the media and public about damaging the privacy and reputation of those linked to the "hard-fought-sensitive litigation."
July 03, 2019 at 11:43 AM
2 minute read
The U.S. Court of Appeals for the Second Circuit Wednesday ordered the immediate unsealing of nearly 2,000 pages of records in the case against Florida billionaire Jeffrey Epstein. The court warned the media and public about the privacy ramifications for those mentioned in the documents.
“We recognize the potential damage to privacy and reputation that may accompany public disclosure of hard‐fought, sensitive litigation,” the opinion said.
Epstein pleaded guilty to two prostitution charges and served 13 months in Palm Beach County jail, but could have faced life in prison with a federal sex trafficking conviction. His alleged accomplices were never charged.
The panel also found the district court failed to conduct the “requisite particularized review” before sealing the filings.
“We therefore clarify the legal tools that district courts should use in safeguarding the integrity of their dockets,” it wrote.
A cautionary note to the public and word of advice to the media followed: ”We have long noted that the press plays a vital role in ensuring the public right of access. … At the same time, the media does the public a profound disservice when it reports on parties' allegations uncritically.”
Judge Rosemary S. Pooler dissented in part with the court's decision, though she agreed that all or most of it should be revealed. She wrote that the district court was better placed to communicate with those whose privacy interests would be affected by the decision, considering the reams of information it will release.
“The task of identifying and making specific redactions in such a substantial volume is perilous,” Pooler wrote. “The consequences of even a seemingly minor error may be grave and are irrevocable.”
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