General Discussion
In reply to the discussion: Loose Cannon just ordered Smith turn over death threats info to tsf [View all]onenote
(46,172 posts)Well, she isn't mistaken that as a broad, general proposition, the public is entitled to see non-classified material filed in criminal proceedings. However, there are exceptions and she relied on the wrong standard -- requiring the government to show a compelling interest rather than "good cause". The latter standard is met by simply showing that there is evidence of, or a reason to fear, that making the names of the witnesses public will lead to attempts to harass and intimidate the witnesses. To be honest, Smith's team didn't do a very good job in their initial opposition to disclosure -- they filed a three page opposition that didn't cite the burden of proof or the relevant cases relating to the burden of proof and they didn't provide any specific evidence regarding threats to witnesses. In the reconsideration request, they are trying to fill in the information they didn't include in the initial opposition in order to get the judge to reverse her decision.