Judge who signed off on raid of Kansas newspaper is facing a complaint about the decision | CNN
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The judge who signed off on a search warrant authorizing the raid of a newspaper office in Marion, Kansas, is facing a complaint about her decision and has been asked by a judicial body to respond, records shared with CNN by the complainant show.

The judge who signed off on a search warrant authorizing the raid of a newspaper office in Marion, Kansas, is facing a complaint about her decision and has been asked by a judicial body to respond, records shared with CNN by the complainant show.

  • some_guy@lemmy.sdf.org
    2·
    1 year ago

    or else falsely certify that the employee had a valid legal reason to access the information.

    I think journalism would be a valid reason when discussing public corruption. IANAL, may be wrong.

    • 【J】【u】【s】【t】【Z】@lemmy.world
      32·
      1 year ago

      There are 14 clearly defined rights of access. None of them apply to journalists.

      I agree journalism is important and rooting out public corruption is a good cause. They should have requested the records by FOIA. Some records are exempt from FOIA and I have hunch these were such records. Congress passed the law setting out those fourteen reasons a person could have a valid legal right to the data, and fishing expeditions by well meaning journalists isn’t one of them, for good reason!

      Don’t forget, the document was the proof of the corruption, before that, sounds like, it was allegation and conjecture motivated by a small town grudge.

      I don’t know, assume the affidavit is true and the actions of the newspaper employee were illegal, is the raid objectionable for any legal reason?

      The whole thing stinks.

      • ggppjj@lemmy.world
        2·
        1 year ago

        Thanks for the details, genuinely. I’ve not fired up PACER myself here, as much as me a private non-lawyer citizen could really follow along there.

        Personally, I side with the newspaper morally in this matter. I’m much more of a “if raiding a newspaper over peacefully attempting to uncover corruption in local governments because they lied to do so is legal than the laws need to change” kinda guy.

        I know that’s pivoting. I also don’t have any good ideas on how to improve the laws. Personally, I don’t see any way of making a law that doesn’t become either a target of or a tool for abuse of power, and this really feels a lot like people in power using the law to help a friend in a way that most citizens would not have access to.