Posted on 10/11/2005 12:20:25 PM PDT by Iron Matron
Judge denies media request for felons' names Elliot Jaspin - Staff Thursday, September 29, 2005
Washington --- The "privacy interests" of illegal immigrants who have been convicted of felonies in the United States would be compromised if the government released their names and other identifying information, a federal judge has ruled.
Citing court rulings and federal laws aimed at protecting individuals from unwarranted embarrassment or injury, Judge Richard Leon on Tuesday rejected a request from the Washington bureau of Cox Newspapers to release the names of illegal immigrants who are being held, or have been, in U.S. jails. These names are collected by the U.S. Justice Department as part of a program to pay state and local governments for some of the costs of incarcerating criminal immigrants.
Cox Newspapers filed suit against the Justice Department in 2003, seeking the list under the federal Freedom of Information Act after discovering that the federal government frequently neglects to deport illegal immigrants convicted of felonies after they have served their sentences.
In one case, an illegal immigrant from Mexico who had molested a 3-year-old girl in Georgia walked out of prison in 2001 after serving his sentence and disappeared because no one from the federal government was there to deport him.
In its court filings, Cox Newspapers argued that the public's right to know about convicted rapists, thieves and murderers who are in the country illegally outweighed any right to privacy they might have
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Beyond asserting that criminal immigrants have a right to privacy, Leon did not explain why their privacy outweighed the public interest. "The privacy intrusion associated with disclosing this information," he wrote in his 11-page opinion, "clearly outweighs the public disclosure of the information."
Mark Tapscott, a FOIA expert with the Heritage Foundation, a conservative Washington think tank, called the decision "idiotic" and said he is confident it would be overturned on appeal. "This is a serious blow to the public's right to know," he said.
Jon Hart, the Washington attorney representing Cox Newspapers in the case, said the company has not yet decided whether it will
ping
I certainly hope not.
Laws must be changed. The Brown-Robes should be elected for a given term and be subjected to recalls.
In a case like this, a Brown-Robe will know that he/she will be kicked out in short order and possibly face a civil suit from the victim's family. That will keep them in line.
Activist judges meet activist citizens!
Two invented "rights" in conflict.
Someone want to show me where in the Constitution it says "the public has a RIGHT to know"?
Also, where does it say "individuals have a RIGHT to privacy"?
I have my copy of the Constitution here and of course I can use the web to search it.
People take it on faith that both of these "rights" exist. What is sad is jurists think so also.
Immigration should be ONE of our issues in'08. You'll get lib candidates promising to build a wall backed by tanks, IOW, they'll promise anything to knock us out and win the elections.
They will never deliver, surprise..surprise, coupled with a sharp increase in Illegal immigration and Brown-Robes.
I'm disappointed in the Administration’s response to illegal immigration or the lack thereof, however, I'll never help the libs take over. A point worth considering by our base.
I'll never vote for a liberal..they are all talk and no "do".
The thing about Bush is..he has never promised anything about the border..he speaks fluent Spanish, which tells me something right there. Bush did not lie about anything to get elected, it is why I voted for the man.
I part with the GOP as a whole..but not individual candidates who I see actively trying to do something about the porous borders.
After 911, National Security is THE Issue..we can no longer afford to believe that fighting overseas alone will keep terrorists off of these shores..
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