[Infowarrior] - Court denies USG motion to withold telco records again

[Richard Forno]

Federal Court Denies Government Attempt to Delay Release of Telecom  
Records. Again.
News Update by Kurt Opsahl
http://www.eff.org/deeplinks/2009/10/federal-court-denies-goverment-attempt-delay-relea

Today a federal district court denied the government's latest  
emergency motion asking for a 30-day stay in last Friday's deadline to  
release records relating to telecom lobbying over last year's debate  
over immunity for corporate participation in government spying. The  
new deadline is October 16, at 4 p.m. Pacific time. We sought the  
records pursuant to the Freedom of Information Act.

On September 24, Judge Jeffrey White had ordered the Director of  
National Intelligence and Department of Justice to turn over many of  
the records we requested by Friday, October 9, 2009. Last week, the  
agencies asked him to postpone his order while the government decided  
whether or not to appeal, which EFF opposed. Judge White denied the  
motion.

On October 8, the day before the documents were due, the DOJ and ODNI  
filed an emergency motion asking the Court of Appeals for a 30-day  
stay while the agencies continue to contemplate an appeal. Around noon  
on October 9, the Ninth Circuit denied their emergency motion, telling  
the government it had to file for a motion for a stay pending appeal  
in the district court first.

Later that afternoon, the government filed again in the federal  
district court, but once again did not seek a stay pending an actual  
appeal. Instead, for the third time, the government insisted it could  
delay the release of telecom lobbying records while it considered the  
pros and cons of appealing. Briefing was complete by noon today, and  
Judge White denied the third attempt at delay this afternoon.

Judge White also noted that, even if the government had actually  
appealed, "in order to obviate the need for the parties to appear once  
again before this Court before seeking the same redress on appeal, the  
Court has addressed the pertinent factors it would analyze in denying  
a motion to stay this action pending appeal," and found the "equities  
weigh in favor of denial of a stay."

In particular, the Court noted the "current administration’s pointed  
directive on transparency in government, and the public’s renewed  
interest in the question of legal immunity for the telecommunications  
companies that participated in the warrantless wiretapping program  
while considering currently pending legislation repealing the  
amendments to FISA, the Court finds that the public interest lies in  
favor of disclosure."