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Editorial: Unsealing of divorce records a slippery slope
THE DAILY TIMES ^ | 6/29/04 | Editorial

Posted on 06/29/2004 7:58:57 AM PDT by Liz

The unsealing of divorce court records of a Republican U.S. Senate candidate in Illinois could impact the presidential aspirations of Sen. John Kerry, who has his own divorce records under seal in Massachusetts.

The publication of accusations made by Jack Ryan’s ex, actress Jeri Ryan, led him to withdraw from the senate race last week. Both Ryans had asked that the records -- in which Mrs. Ryan claimed her husband had tried to get her to go to sex clubs and have sex with him while others watched -- be kept secret.

But, at the behest of the Chicago Tribune, a California judge overruled the divorced couple’s attorneys, who asserted the public’s right to know took a back seat to protecting the Ryans’ child from the embarrassing publicity the release of the records would generate.

In his ruling, Judge Robert Schnider said of the Ryans, "They were aware they were in a public court system, and protection from embarrassment cannot be a basis for keeping from the public what’s put in public courts."

Schnider also said "the openness of court files must be maintained, so that the public ..can be assured that there is no favoritism shown to the rich and powerful."

Jack Ryan, a handsome, rich Wall Street financier turned inner-city school teacher, was a very interesting Republican candidate. But he concluded that he couldn’t overcome the negative publicity surrounding the revelation of his ex-wife’s allegation.

Now that the unsealing of court documents has chased one candidate from this November’s ballot, will it chase another?

We hope not.

It is difficult for us to argue that public court records as a matter of course should be sealed because they might cause embarrassment to the people involved. We think Judge Schnider is right, not only as a matter of law but also as a matter of fact.

Normal people aren’t routinely accorded the benefit of having their court disputes kept secret. Why should the rich and powerful be treated any differently? They shouldn’t be.

Still, the media shouldn’t be in the business of gratuitously printing the embarrassing details of people’s private lives, even when they are brought up in court. The key word here is "gratuitously."

Some people reasonably believe that how people act in their private affairs can be a window into how they will act in their public dealings. If a person has a messy, undisciplined private life, it is not unlikely some of that will spill over into how they conduct themselves in business or politics. Some voters put a lot of stock in the private lives of candidates. It’s why many candidates seek to portray themselves of solid, decent family people. Politicians know that voters don’t just vote for the political positions candidates take. They often vote for the person they feel most comfortable with and like personally.

Likeability and personal magnetism go a long way in politics.

Which brings us to Sen. Kerry.

In 1988, he and his first wife got a divorce. They asked that the court records of that divorce be sealed, and a Massachusetts judge granted that request.

But now that Judge Schnider has opened up the records of the Ryan marriage, it will be difficult for Kerry to keep his sealed.

Already, his operatives are calling any effort to unseal his divorce records political "gutter ball" and a "trash hunt."

Internet muckraker Matt Drudge is quoting one senior Kerry source as saying, "I would argue, adamantly, the records should remain sealed -- and out of the hands of John’s political enemies."

But that can’t be a good enough reason for public records to remain sealed. Imagine what Republican partisans will have to say if John Kerry’s divorce record is left sealed after one of their candidates felt the need to bow out of a race after his was made public.

Of course, after having access to the records, the media will have to judge for itself how newsworthy any of the information contained in them is.

Ten years after their divorce, the ex-Mrs. Kerry wrote a book about her "suffocating marriage" to, she claimed, help other couples trapped in such unhappy relationships.

We, in the media, will have no such excuse for printing the sordid and unhappy details of the Kerrys’ break-up.

We will say the people have a right to know as much as we can find out about any man or woman who wants to be president of the United States.

What they do with the information after chewing it over is up to them. If that includes changing their reading habits or canceling subscriptions, that’s fair, too.

© The Daily Times 2004

Copyright © 1995 - 2004 PowerOne Media, Inc. All Rights Reserved.


TOPICS: Editorial; Politics/Elections
KEYWORDS: divorcerecords; jackryan; juliathorne; kerry
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In 1988, (Kerry) and his first wife got a divorce. They asked that the court records of that divorce be sealed, and a Massachusetts judge granted that request. But now that Judge Schnider has opened up the records of the Ryan marriage, it will be difficult for Kerry to keep his sealed. ........In his ruling, Judge Robert Schnider said of the Ryans, "They were aware they were in a public court system, and protection from embarrassment cannot be a basis for keeping from the public what’s put in public courts."

The public needs to know all it can about how a presidential candidate conducts his life (posted with a stright face).

1 posted on 06/29/2004 7:58:57 AM PDT by Liz
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To: Liz

Yes siree, open up those files. i'm wondering if Theresa was a factor before her hubby's untimely death.


2 posted on 06/29/2004 8:04:16 AM PDT by marty60
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To: Liz
But, at the behest of the Chicago Tribune, a California judge overruled the divorced couple’s attorneys, who asserted the public’s right to know took a back seat to protecting the Ryans’ child from the embarrassing publicity the release of the records would generate.

In his ruling, Judge Robert Schnider said of the Ryans, "They were aware they were in a public court system, and protection from embarrassment cannot be a basis for keeping from the public what’s put in public courts."


Can this ruling then be extrapolated to mean that there are no private records ina any public court proceeding? Another whack-job jurist in my opinion. However, if this can be used against a candidate in a Senate race, it can certainly be used to open a presidential candidate's 'private' records.
3 posted on 06/29/2004 8:04:18 AM PDT by Rummyfan
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To: Liz

He always contends his marriage was annulled not divorced.
I'm ~confused~.


4 posted on 06/29/2004 8:04:33 AM PDT by Ludicrous
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To: Liz

Goose ... meet gander.
Isn't it fun to watch them twist on this hook? They took great joy in getting Jack Ryan's Divorce records, but now that one of THEIR candidates' records are "up for grabs" they don't like the idea very much and want to change the rules .. .again.

Figures.

This just goes to prove that one shouldn't get a divorce. Anyone ever take a look at Jeri Ryan (aka Seven of Nine from Star Trek Voyager). Any guy who would cheat on her must have a brain tumor.

AND ... anyone who would marry TH must have on too. Yes ... she's loaded with a Billion Dollars. His first wife was rich too.


5 posted on 06/29/2004 8:06:42 AM PDT by TexasGreg ("Democrats Piss Me Off")
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To: Liz
30 year old DUI records are much more important.

< /sarcasm >

6 posted on 06/29/2004 8:07:44 AM PDT by N. Theknow (Kennedy family legacy - can't skipper a boat, can't fly, can't drive, can't ski)
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To: Liz

This Kerry fellow sure has a lot of records that are not before the public. Sealed divorce records, military health records.... Mighty, um, Manchurian of this candidate if you ask me. Unseal the records.


7 posted on 06/29/2004 8:08:25 AM PDT by KellyAdmirer
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To: Ludicrous

He got divorced then when he met Teresa he went for the annulment to marry her.


8 posted on 06/29/2004 8:08:32 AM PDT by Liz
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To: Liz

"We, in the media, will have no such excuse for printing the sordid and unhappy details of the Kerrys’ break-up."

I'm confident that those in the media will continue to shamelessly support a double standard that persecutes Republicans and protects the 'politically correct'. If Kerry was a Republican, he would have had to drop out of the presidential campaign months ago.


9 posted on 06/29/2004 8:09:45 AM PDT by Spok (Just Curious)
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Comment #10 Removed by Moderator

To: N. Theknow

Heheh..........nice zinger.


11 posted on 06/29/2004 8:10:15 AM PDT by Liz
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To: Liz
Now that the unsealing of court documents has chased one candidate from this November’s ballot, will it chase another?

We hope not.


Especially if the candidate is a democrat.
12 posted on 06/29/2004 8:10:17 AM PDT by AD from SpringBay (We have the government we allow and deserve.)
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To: Ludicrous

Divorce is a civil proceeding

Annulment is the Catholic Church's proceeding to undo a religious ceremony.


13 posted on 06/29/2004 8:13:10 AM PDT by UB355
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To: marty60
Yes siree, open up those files. i'm wondering if Theresa was a factor before her hubby's untimely death.

I think that is the one thing it is safe to say was not. Kerry is still losing to Heinz. I just read an article in NR her (and his hee hee) phone number is still listed to Heinz.

14 posted on 06/29/2004 8:13:11 AM PDT by Tribune7
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To: TexasGreg
Any guy who would cheat on her must have a brain tumor.

She was unfaithful to Jack.

15 posted on 06/29/2004 8:13:22 AM PDT by af_vet_1981
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To: Liz

If GWBush had been divorced, this would simply be called "opposition research" by the DNC.


16 posted on 06/29/2004 8:13:32 AM PDT by anniegetyourgun
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To: Liz

Interesting....
Frm the article:
The key word here is "gratuitously."

So when a Republican's records are unsealed it's "protection from embarrassment cannot be a basis for keeping from the public what’s put in public courts"

If/when a Democrat's records are unsealed it's "gratuitous"

Even the media is not going to be able to carry this double standard.


17 posted on 06/29/2004 8:15:02 AM PDT by Ludicrous
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To: Liz
I tend to agree with the judge. If a couple wants to "fight it out" in court... it's a public forum with elected or appointed public judges. If the couple can't come to a reasonable uncontested agreeable split... then I guess they gotta go public.

As far as Ryan goes... we don't need him. There's nothing conservative about taking your wife to sex clubs and trying to get her to perform for the crowd.

18 posted on 06/29/2004 8:15:15 AM PDT by kjam22
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To: KellyAdmirer
Kerry......sure has a lot of records that are not before the public. Sealed divorce records, military health records....

"This is top-secret. I got a great makeup man. Makes me look almost human."

19 posted on 06/29/2004 8:15:29 AM PDT by Liz
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To: AD from SpringBay
Especially if the candidate is a democrat.

Only if the candidate is a liberal.

20 posted on 06/29/2004 8:16:29 AM PDT by af_vet_1981
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