Looks like re-enactments is as good as it gets
A panel of the Ninth Circuit US Court of Appeals ruled today, unanimously, that the videos made during the Perry v Schwarzenegger trial by then-Chief Judge Vaughn Walker of the proceedings in his courtroom and ordered released by his successor, Chief Judge James Ware, will remain sealed and not viewable by the public, in order to “preserve the integrity of the judicial process.”
Whatever that means.
Apparently, Judge Walker’s announcement long ago to the litigants that the videos would continue to be made for his personal use while crafting his decision and writing his ruling matters more to the Court of Appeals panel than the public’s right to see its own government action, consuming its own tax dollars and deciding about its own lives.
Videos of the San Francisco trial over California’s ban on same-sex marriage must remain sealed, a federal appeals court ruled today, saying the trial judge who authorized the recordings had promised that they would not be broadcast.
“The integrity of our judicial system depends in no small part on the ability of litigants and members of the public to rely on a judge’s word,” said the Ninth U.S. Circuit Court of Appeals in a 3-0 ruling.
Unless the litigants decide to consume precious donated resources to appeal this ruling to the entire en banc Appeals Court and thence to the US Supreme Court — and really, why would they when the decision has been couched in terms of protecting the precious integrity of the court system, the same court that has allowed warrantless wiretapping and the shredding of the Fourth Amendment? — the American people may never see the trial. Clearly, the most important and highest value to this Court is the integrity of the judicial process, a judicial process that already became a laughingstock in December 2000 when the highest court appointed a president.
But you judges go right ahead and act like that still matters, m’kay? We’ll continue to sit here and stew in the dark while you debate our civil rights with no comprehensive access by the people whatsoever.



18 Comments

http://www.nbcbayarea.com/news/local/Prop-8-Ruling-Due-Today-138577994.html
http://www.bloomberg.com/news/2012-02-02/proposition-8-trial-video-to-remain-sealed-as-court-considers-gay-marriage.html
From Chad Griffin of the American Federation for Equal Rights (via email):
What are the thoughts on the outcome of the case, at this point? Will they issue an opinion soon?
They could issue an opinion on the “main case” any time. It could be soon; it might not be soon. They have all the information they need to rule since the California Supreme Court answered the question they were asked by US Appeals Court some time ago.
So it’s all over but the thinkin’, the decidin’, and the writin’.
There might be some convincin’ involved, of course.
Where’s Anonymous when you need them?
Teddy, I’m struggling here. Aside from the obvious fact that these videos should be available to the public for the sake of transparency, why are the litigants contesting the decision? The Pro-Prop 8 folks are resisting the release to cover up their arguments in court, because if made public they would be shameful? Am I reading this right?
Yes. They don’t want their bigotry on display for the whole world to see.
The organization defending Prop 8 in court says that their witnesses testified under assurance from Judge Walker that the video being made would be used only by him. They say that they fear harassment and retaliation from LGBT activists; in fact, that was the reason given by the pro-Prop 8 side for the withdrawal of so many of their witnesses prior to trial.
So, yeah — they are afraid of having their views exposed to the public.
Yes, this.
So noted and Tweeted.
Thanks Teddy. Nothing like allowing bigots and supporters of right wing terrorists to keep their anonymity.
recommended.
And this is exactly what they are doing.
Despite the total lack of proven episodes of harassment for publicly stating their views! Their fear is without basis.
They are simply unwilling to have their views debated in the public square, which is why they always go on about “the children.”
Thank you!
Did a court reporter record the trial? If so, would it be possible for someone order a transcript of the entire trial? Or is the court reporter’s transcript also sealed?
Just curious.
Namaste,
Antoine
Transcripts are available here.
http://www.afer.org/our-work/hearing-transcripts/
Liveblogging available here:
http://firedoglake.com/prop8trial/
The videos (above) and the Prop 8 play are both based on the trial transcripts.
Because nothing promotes integrity like hiding the truth.