I'm not speaking to the issue about how the transcript was picked up off of
LAMP, I have no information about that. I'm only referring to the statement
that a deposition transcript is a public record subject to FOIA. Typically,
this is not true.
Most deposition transcripts are not part of the public record. Typically, they
are only made a part of the record if there is a particular purpose for filing
them with the court. Typically, the are used ultimately for impeachment
purposes at trial if a witness contradicts his earlier testimony.
Moreover, when filing transcripts if the need arises, there are redaction rules
that govern the attorneys who are filing the transcript. Additionally, most
attorneys are sensitive to filing a witness's financial information in a public
proceeding and will thus ask that the court either seal the transcript or enter
a confidentiality order which prevents access absent limited circumstances.
I would say that whoever it was that released the transcript to begin with was
amiss and somewhat cavalier in doing so. I respect Sue's attempt to keep it
confidential within the confines of LAMP, but frankly, it should not even have
gotten that far.
Of course, I'm sure there are facts out there which may have warranted
deviation from the typical scenarios, and I hope that someone along the lines
of this discussion helps clarify the circumstances under which the transcript
was released so that we can all consider it in its appropriate context.
Holiday
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