A curious order yesterday, from U.S. v. Teixeira (a case involving Jack Teixeira, a nationwide guard member “who pleaded responsible to leaking extremely categorized army paperwork in regards to the warfare in Ukraine”):
147 Oct 29, 2024 Choose Indira Talwani: ELECTRONIC ORDER entered. All non-parties who accessed or obtained copies of Defendant’s sentencing memorandum or attachments thereto are ORDERED to destroy all digital and print copies of those paperwork. The filings are sealed paperwork in accordance with this court docket’s prior order 141. (Talwani, Indira) (Entered: 10/29/2024)
That may’t be proper, I believe. (Disclosure: After seeing this order, I attempted to determine what was happening, and within the course of obtained what seems to be a replica, from the CourtListener website, so the order would have technically certain me, alongside anybody else who likewise accessed the order.) Apparently, not lengthy earlier than, the court docket granted a movement to file defendant’s full sentencing memorandum underneath seal; that movement learn,
Counsel for defendant, Jack Teixeira, respectfully strikes that this Courtroom, pursuant to Federal Rule of Felony Process 49.1 and Native Rule 7.2, permit the defendant to file its full Sentencing Memorandum, in addition to Displays A and C thereto, underneath seal till additional order of the Courtroom.
As grounds, counsel states that Exhibit A to the Sentencing Memorandum is a neuropsychological evaluation containing protected well being details about Mr. Teixeira that shouldn’t be publicly obtainable; Exhibit C is a replica of a report of the Inspector Normal of the Division of the Air Pressure, which was disclosed underneath seal as “Delicate” discovery materials pursuant to this Courtroom’s Stipulated Protecting Order, dated, October 3, 2023 (Dkt. No. 111); and Defendant’s Sentencing Memorandum comprises quotations from these two displays. Counsel has conferred with the Authorities who assents to this request.
In step with the events’ dialogue, Mr. Teixeira will thereafter file a redacted model of his Sentencing Memorandum, which is able to redact any data topic to the protecting order besides that which is publicly obtainable from different sources. The events intend to debate and quote the findings of the neuropsychological evaluation and its foundation of their submissions however agree that the report itself ought to stay underneath seal till additional order of the Courtroom.
In some way, although, the memorandum wasn’t filed underneath seal or with redactions (although Displays A and C had been apparently filed underneath seal).
However we can’t get to listen to extra, I count on, about whether or not the order was permissible, as a result of right now the next order was issued:
148 Oct 30, 2024 Choose Indira Talwani: ELECTRONIC ORDER vacating Digital Order 147 . The clerk shall replace the docket textual content at 142, inserting the bracketed notations 142 [Redacted] SENTENCING MEMORANDUM, [142-1] [Cover Page] Exhibit A (Professional Report) Filed Underneath Seal, [142-3] Exhibit C [Cover Page] Exhibit C (Unredacted IG Report) Filed Underneath Seal. Docket entries 142, [142-1], [142-2], and [142-3] might then be unsealed. The remaining attachments to 142 shall stay underneath seal. (Prepare dinner, Savannah) (Entered: 10/30/2024)
I might have liked to know the backstory ….
