Trying to intervene to undo the filings in Representative Devin Nunes’ libel lawsuit against Ryan Lizza and Esquire – Reason.com
I presented the movement last week, and I thought I’d share the Introduction:
In this case, the highest ranking member of the House Intelligence Committee is suing a journalist for his reports. The public must be able to closely follow the case and the arguments that this Court is considering in making its decisions.
Proposed Controller Volokh is a professor at UCLA School of Law and writes regularly at the Reason Magazine website (https://reason.com). Volokh has written about this case in Reason [citations omitted -EV]. To continue informing the public about this case, Volokh seeks access to the unwritten versions of Defendants ‘Brief in support of his Motion for Compel (Doc 103), Plaintiffs’ Resistance to that motion (Doc 107), and what appears to be Respondent’s Response (doc. 111). Therefore, Volokh takes steps to intervene in accordance with Federal Rule of Civil Procedure 24 (b) and access unredacted versions of those documents. (Volokh is not opposed to the continued removal of the names and identities of third parties, such as unidentified sources or NuStar employees other than the complainants, but will use “unredacted” as a shorthand for versions that only have such personal material removed) .
[1.] Volokh has the right to intervene, because the intervention of Rule 24 (b) is the appropriate procedure for non-parties seeking access to court records in civil cases.
[2.] Volokh should have access to the undrafted documents, because the plaintiffs have not overcome the customary law presumption that favors public access to court records.
[3.] Even if that common law presumption does not apply to discovery motions, Volokh should have access to the undrafted documents because the plaintiffs have not met the good cause requirement of Rule 26 (c).
[4.] In addition, Volokh has the right to access undrafted documents because they have not been properly filed and sealed, as the parties apparently did not comply with Local Rule 5 (c) and with the Electronic Case Filing Procedures for the District Court. from the United States to the North. Iowa District.
[5.] Volokh should also have access to documents under the First Amendment right of access to court records.
Here is a sample redacted page:
For more information on the particular dispute to which this relates, please refer to this post; For more information on the case, see here.