IN RE PRESS COALITIONS MOTION FOR ACCESS TO VIDEO EXHIBITS AND TO PRESS COALITIONS MOTION FOR ACCESS TO VIDEO EXHIBITS AND TO SET ASIDE STANDING ORDER NO. 21-28
| BUZZFEED, INC. doing business as BUZZFEED NEWS, GANNETT CO., INC., NATIONAL PUBLIC RADIO, INC., DOW JONES & COMPANY, INC., WP COMPANY LLC doing business as WASHINGTON POST, LOS ANGELES TIMES COMMUNICATIONS LLC, NEW YORK TIMES COMPANY, E.W. SCRIPPS COMPANY, NBCUNIVERSAL MEDIA, LLC doing business as NBC NEWS, ASSOCIATED PRESS, CBS BROADCASTING INC. doing business as CBS NEWS, PUBLISHER OF THE WALL STREET JOURNAL, CABLE NEWS NETWORK, INC., TEGNA, INC., PRO PUBLICA, INC., GRAY MEDIA GROUP, INC. and AMERICAN BROADCASTING COMPANIES, INC. doing business as ABC NEWS |
| UNITED STATES OF AMERICA |
| APPLICATION FOR ACCESS TO CERTAIN SEALED VIDEO EXHIBITS |
| 1:2021mc00084 |
| June 7, 2021 |
| US District Court for the District of Columbia |
| Emmet G Sullivan |
| Other Statutory Actions |
| None |
Docket Report
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MINUTE ORDER. The Clerk of Court is directed to close this case. Signed by Judge Emmet G. Sullivan on 3/2/2022. (lcegs1)
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| Filing 6 RESPONSE re #1 MOTION FOR ACCESS TO VIDEO EXHIBITS AND TO SET ASIDE STANDING ORDER NO. 21-28 MOTION TO SET ASIDE STANDING ORDER NO. 21-28 filed by UNITED STATES OF AMERICA. (Kukowski, Colleen) |
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MINUTE ORDER granting in part and denying in part #1 Petitioners' Motion for Access to Video Exhibits and to Set Aside Standing Order No. 21-28. Petitioners' request to access the six video exhibits the government submitted to the Court in advance of the April 12, 2021 detention hearing in United States v. Whitton, 21-cr-35-05-EGS is hereby GRANTED. The video exhibits were displayed in open court, used in this Court's decision on detention, were not subject to a sealing order, and both the government and the defendant have indicated their consent to the release in response to an inquiry from the Court. While the government has requested that Petitioners be prohibited from further publishing the footage, it has not offered any explanation for that position, which appears contrary to the position the government has taken in other January 6th cases. See In re: Application for Access to Certain Sealed Video Exhibits, 21-mc-85-CRC, Min. Order (June 24, 2021) (collecting cases). The Court therefore ORDERS the government promptly to make the video exhibits available without restrictions, including by providing access using the "drop box" technical solutions described in Standing Order 21-28 (BAH). Petitioners' further request to set aside Chief Judge Howell's Standing Order 21-28 is hereby DENIED. Petitioners cite no authority, and the Court is aware of none, that would permit a district judge to vacate or set aside a court-wide standing order issued by the court's chief judge. Moreover, the Chief Judge recently addressed Petitioners' request to set aside Standing Order 21-28 based on the same constitutional arguments advanced in this case, and the Chief Judge denied that request, finding that Petitioners have failed to establish that the Standing Order restricts access to video exhibits such that vacatur is warranted. See In re: Press Coalitions Motion for Access to Video Exhibits and to Set Aside Standing Order 21-28, 21-mc-87-BAH, Mem. Op. (July 2, 2021), ECF No. 5. This Court takes no position on the constitutionality of Standing Order 21-28. Signed by Judge Emmet G. Sullivan on 7/8/2021. (lcegs2)
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| NOTICE OF CORRECTED DOCKET ENTRY: re #5 Response to motion was entered in error and counsel was instructed to refile said pleading. Document has wrong case number recorded. (zhsj) |
| Filing 5 ENTERED IN ERROR.....RESPONSE re #1 MOTION FOR ACCESS TO VIDEO EXHIBITS AND TO SET ASIDE STANDING ORDER NO. 21-28 MOTION TO SET ASIDE STANDING ORDER NO. 21-28 filed by UNITED STATES OF AMERICA. (Kukowski, Colleen) Modified on 7/8/2021 (zhsj). |
| Set/Reset Deadlines: Government And Defendant Responses due by 7/7/2021. Any Brief In Opposition due by 7/14/2021. (mac) |
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MINUTE ORDER. The deadline for the Government and Defendant in United States v. Whitton, 21-cr-35-05 to indicate whether they oppose #1 Petitioner's Motion for Access to Video Exhibits is hereby VACATED nunc pro tunc. Counsel for the Government and Defendant in the referenced matter shall indicate by July 7, 2021 whether they oppose Petitioner's Motion. If either party opposes, any brief in opposition is due by July 14, 2021. Signed by Judge Emmet G. Sullivan on 7/2/2021. (lcegs2)
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| Set/Reset Deadlines: Counsel For The Government And Defendant In United States v. Whitton, 21-cr-35-05 Opposition To #1 Petitioner's Motion for Access to Video Exhibits due 6/28/2021. Opposition Brief, If Any, due by 7/2/2021. (mac) |
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MINUTE ORDER. Counsel for the Government and Defendant in United States v. Whitton, 21-cr-35-05 shall indicate by June 28, 2021 whether they oppose #1 Petitioner's Motion for Access to Video Exhibits. If either party opposes, any brief in opposition is due by July 2, 2021. Signed by Judge Emmet G. Sullivan on 6/24/2021. (lcegs2)
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| Filing 4 NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN BROADCASTING COMPANIES, INC., ASSOCIATED PRESS, BUZZFEED, INC., CABLE NEWS NETWORK, INC., CBS BROADCASTING INC., DOW JONES & COMPANY, INC., E.W. SCRIPPS COMPANY, GANNETT CO., INC., GRAY MEDIA GROUP, INC., LOS ANGELES TIMES COMMUNICATIONS LLC, NATIONAL PUBLIC RADIO, INC., NBCUNIVERSAL MEDIA, LLC, NEW YORK TIMES COMPANY, PRO PUBLICA, INC., PUBLISHER OF THE WALL STREET JOURNAL, TEGNA, INC., WP COMPANY LLC (Tobin, Charles) |
| Filing 3 CERTIFICATE OF SERVICE by AMERICAN BROADCASTING COMPANIES, INC., APPLICATION FOR ACCESS TO CERTAIN SEALED VIDEO EXHIBITS, ASSOCIATED PRESS, BUZZFEED, INC., CABLE NEWS NETWORK, INC., CBS BROADCASTING INC., DOW JONES & COMPANY, INC., E.W. SCRIPPS COMPANY, GANNETT CO., INC., GRAY MEDIA GROUP, INC., LOS ANGELES TIMES COMMUNICATIONS LLC, NATIONAL PUBLIC RADIO, INC., NBCUNIVERSAL MEDIA, LLC, NEW YORK TIMES COMPANY, PRO PUBLICA, INC., PUBLISHER OF THE WALL STREET JOURNAL, TEGNA, INC., WP COMPANY LLC re #2 LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests,,, #1 MOTION FOR ACCESS TO VIDEO EXHIBITS AND TO SET ASIDE STANDING ORDER NO. 21-28 MOTION TO SET ASIDE STANDING ORDER NO. 21-28 . (Tobin, Charles) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN BROADCASTING COMPANIES, INC., ASSOCIATED PRESS, BUZZFEED, INC., CABLE NEWS NETWORK, INC., CBS BROADCASTING INC., DOW JONES & COMPANY, INC., E.W. SCRIPPS COMPANY (NONE), GANNETT CO., INC., GRAY MEDIA GROUP, INC. identifying Corporate Parent VIACOM CBS INC. for CBS BROADCASTING INC.; Corporate Parent RUBY NEWCO, LLC for DOW JONES & COMPANY, INC.; Corporate Parent WALT DISNEY COMPANY for AMERICAN BROADCASTING COMPANIES, INC.; Corporate Parent NBCUNIVERSAL MEDIA, LLC for BUZZFEED, INC.; Other Affiliate VANGUARD GROUP, INC., Other Affiliate BLACK ROCK INC. for GANNETT CO., INC.; Corporate Parent AT&T INC. for CABLE NEWS NETWORK, INC.; Corporate Parent GRAY TELEVISION, INC. for GRAY MEDIA GROUP, INC.. (zjf) |
| Filing 1 MOTION FOR ACCESS TO VIDEO EXHIBITS AND TO SET ASIDE STANDING ORDER NO. 21-28 by AMERICAN BROADCASTING COMPANIES, INC., APPLICATION FOR ACCESS TO CERTAIN SEALED VIDEO EXHIBITS, ASSOCIATED PRESS, BUZZFEED, INC., CABLE NEWS NETWORK, INC., CBS BROADCASTING INC., DOW JONES & COMPANY, INC., E.W. SCRIPPS COMPANY, GANNETT CO., INC., GRAY MEDIA GROUP, INC., LOS ANGELES TIMES COMMUNICATIONS LLC, NATIONAL PUBLIC RADIO, INC., NBCUNIVERSAL MEDIA, LLC, NEW YORK TIMES COMPANY, PRO PUBLICA, INC., PUBLISHER OF THE WALL STREET JOURNAL, TEGNA, INC., WP COMPANY LLC. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(zjf) |
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