Doe 1 v. McAleenan
- Beth Freeman
- 5:18-cv-02349
- U.S. District Court · Northern District of California
- 3
Doe 1 v. Wolf: Judge Freeman granted defendants’ motion to seal portions of a hearing transcript containing sensitive counterterrorism information.
The ruling affects the defendants’ request to restrict public access to specified portions of the hearing transcript, the plaintiffs who opposed one redaction, and members of the public seeking access to that transcript.
What happened
In Jane Doe 1, et al. v. Chad F. Wolf, et al., the defendants asked to seal parts of the public transcript from a May 21, 2020 hearing. The plaintiffs opposed one proposed redaction.
The court granted the motion for the specified portions. It found that the transcript contained highly sensitive counterterrorism intelligence, methods, and techniques. Disclosure could give terrorists and others a roadmap for avoiding detection and could harm current and future national-security investigations.
Judge Beth Labson Freeman applied the legal standard requiring compelling reasons to seal material related to the merits of a case. The order granted defendants’ administrative motion and disposed of the motion identified as ECF 363.
The detailed version
- Doe 1 v. McAleenan · No. 5:18-cv-02349
- Beth Freeman
- Sept. 22, 2020
Background
Defendants filed an administrative motion to seal portions of the public transcript from a May 21, 2020 hearing concerning plaintiffs’ request for permission to file an amended complaint. Plaintiffs opposed one of defendants’ proposed redactions. The court considered the parties’ briefs and declarations.
Legal standard
The court explained that judicial records generally are available for public inspection. Because the transcript concerned the merits of the case, the court applied the “compelling reasons” standard for sealing. Under that standard, the party seeking to seal material must show sufficiently strong reasons to overcome the public’s general right of access, and the requested sealing must be narrowly tailored.
Court’s reasoning
The court found compelling reasons to seal the portions identified in the defendants’ filing. It stated that those portions contained highly sensitive counterterrorism intelligence, methods, and techniques. According to the declaration cited by the court, disclosure could provide terrorists, their associates, and other criminals with a roadmap showing how law enforcement gathers, evaluates, analyzes, and shares information about them or other terrorists or criminals. Disclosure could also lead individuals to change their behavior or take precautions to avoid detection, compromising ongoing and future national-security investigations.
Disposition
Judge Beth Labson Freeman granted defendants’ administrative motion to seal portions of the public transcript for the May 21, 2020 hearing. The order states that the motion was granted as to the portions of the transcript highlighted in the defendants’ submission and that the order disposed of ECF 363.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.