WASHINGTON (AP) - Despite the Sixth Amendment's guarantee of public trials, nearly all records are being kept secret for more than 5,000 defendants who completed their journey through the federal courts over the last three years. Instances of such secrecy more than doubled from 2003 to 2005.
An Associated Press investigation found, and court observers agree, that most of these defendants are cooperating government witnesses, but the secrecy surrounding their records prevents the public from knowing details of their plea bargains with the government.
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At the request of the AP, the Administrative Office of U.S. Courts conducted its first tally of secrecy in federal criminal cases. The nationwide data it provided the AP showed 5,116 defendants whose cases were completed in 2003, 2004 and 2005, but the bulk of their records remain secret.
"The constitutional presumption is for openness in the courts, but we have to ask whether we are really honoring that," said Laurie Levenson, a former federal prosecutor and now law professor at Loyola Law School in Los Angeles. "What are the reasons for so many cases remaining under seal?"
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The data show a sharp increase in secret case files over time as the Bush administration's well-documented reliance on secrecy in the executive branch has crept into the federal courts through the war on drugs, anti-terrorism efforts and other criminal matters.
"This follows the pattern of this administration," said John Wesley Hall, an Arkansas defense attorney and second vice president of the National Association of Criminal Defense Lawyers. "I am astonished and shocked that this many criminal proceedings in federal court escape public scrutiny or become buried."
The percentage of defendants who have reached verdicts and been sentenced but still have most of their records sealed has more than doubled in the last three years, the court office's tally shows.
Of nearly 85,000 defendants whose cases were closed in 2003, the records of 952 or 1.1 percent remain mostly sealed. Of more than 82,000 defendants with cases closed in 2004, records for 1,774 or 2.2 percent remain mostly secret. And of more than 87,000 defendants closed out in 2005, court records for 2,390 or 2.7 percent remain mostly closed to the public.
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The Reporters Committee for Freedom of the Press found the U.S. District Court here has 469 criminal cases, from 2001-2005, that are listed by this court's electronic docket as "no such case." An AP survey over a shorter period found similar numbers here and got oral acknowledgment from the clerk's office that the missing electronic docket numbers corresponded to sealed cases. However, these figures include an unknown number of sealed indictments that will be made public if arrests are made.
"That's horrifying," said Loyola's Levenson. "When I was a prosecutor from 1981 to 1989, I never heard of secret dockets."
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"The Supreme Court has said that criminal proceedings are public," Dalglish added. "In this country, we don't prosecute and lock up convicts and have no public track record of how we got there. That violates the defendants' rights not to mention the public's right to know what it's court system is doing." ...
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