Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJudge rejects Emanuel assertion that emails are exempt from disclosure (FOIA runs in the family ...)
Judge rejects Emanuel assertion that emails are exempt from disclosure
Patrick M. O'Connell
Chicago Tribune
A Cook County judge ruled in favor of the Chicago Tribune on Tuesday by declaring that Mayor Rahm Emanuel's emails, texts and other communications are not exempt from disclosure simply because they are transmitted over private devices.
The judge denied Emanuel's motion to dismiss the Tribune's lawsuit, which alleges the mayor violated the state's open records laws by refusing to release private emails and text messages about city business.
The ruling comes down as the issue of personal email use by government officials remains at the forefront of the presidential campaign. Democratic candidate Hillary Clinton has continued to face questions about her use of a private email server during her time as secretary of state. Last week, the State Department's inspector general found Clinton broke department rules when she used private email for government business, concluding she created a security risk and violated transparency and disclosure policies.
"There is no merit to defendants' argument that the mere storage of communications pertaining to the transaction of public business on personal electronic devices (or in personal email accounts) categorically shields those communications from the FOIA," Cook County Circuit Court Judge Kathleen M. Pantle wrote.
She ruled the FOIA law does not distinguish between records kept on publicly funded devices and private ones.
"It's wrong for a government official to claim that if they conduct business on one phone and email account it's a public document, but if they use another phone or account to conduct the same business it is a private matter," Bruce Dold, the Tribune's publisher and editor-in-chief, said in a statement. "We are committed to pursuing this case to the end."
Patrick M. O'Connell
Chicago Tribune
A Cook County judge ruled in favor of the Chicago Tribune on Tuesday by declaring that Mayor Rahm Emanuel's emails, texts and other communications are not exempt from disclosure simply because they are transmitted over private devices.
The judge denied Emanuel's motion to dismiss the Tribune's lawsuit, which alleges the mayor violated the state's open records laws by refusing to release private emails and text messages about city business.
The ruling comes down as the issue of personal email use by government officials remains at the forefront of the presidential campaign. Democratic candidate Hillary Clinton has continued to face questions about her use of a private email server during her time as secretary of state. Last week, the State Department's inspector general found Clinton broke department rules when she used private email for government business, concluding she created a security risk and violated transparency and disclosure policies.
"There is no merit to defendants' argument that the mere storage of communications pertaining to the transaction of public business on personal electronic devices (or in personal email accounts) categorically shields those communications from the FOIA," Cook County Circuit Court Judge Kathleen M. Pantle wrote.
She ruled the FOIA law does not distinguish between records kept on publicly funded devices and private ones.
"It's wrong for a government official to claim that if they conduct business on one phone and email account it's a public document, but if they use another phone or account to conduct the same business it is a private matter," Bruce Dold, the Tribune's publisher and editor-in-chief, said in a statement. "We are committed to pursuing this case to the end."
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
9 replies, 1288 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (45)
ReplyReply to this post
9 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
Judge rejects Emanuel assertion that emails are exempt from disclosure (FOIA runs in the family ...) (Original Post)
portlander23
Jun 2016
OP
Makes you wonder what he hid from the public while in the Obama administration.
JimDandy
Jun 2016
#2
flor-de-jasmim
(2,124 posts)1. Good!
JimDandy
(7,318 posts)2. Makes you wonder what he hid from the public while in the Obama administration.
Maybe we should be looking for a lot more private servers.
Faux pas
(14,580 posts)3. Yes Yes Yes!!!!!!
GoneFishin
(5,217 posts)4. Makes you wonder if he shared this theory about private devices not subject to FOIA with Hillary.
Wilms
(26,795 posts)5. What is it with these people?
MisterP
(23,730 posts)7. they get the votes no matter what they do
riderinthestorm
(23,272 posts)6. Good. I'd like evidence he stalled the Laquan McDonald video release
and protected killer cops.
I'd also like evidence he knew about Humboldt Park's torture site.
We "know" he's guilty of these and more but it would be epic to have solid proof.
truebrit71
(20,805 posts)8. Indeed it would...
n/t
Else You Are Mad
(3,040 posts)9. I am glad
That these judges are pushing back against those politicians that assume they are invulnerable and are not accountable to the people. One of the reasons we have FOIA requests is to prevent illegal and corrupt practices of government.
And any politician that fights a FOIA request is suspect in my book and needs further -- and independent -- investigations.