Court Rejects Sen. Torricelli's Attempt to Keep Sentencing Memo Secret

Associated Press ^ | Friday, September 20 | David B. Caruso

[tomball]

PHILADELPHIA (AP) - A government memo outlining the criminal misdeeds of a man who made illegal campaign contributions to U.S. Sen. Robert Torricelli may be released to the public, a federal appeals court ruled Friday.

The 3rd U.S. Circuit Court of Appeals rejected the New Jersey Democrat's attempt to have the document sealed under grand jury secrecy rules, saying the damage it might do to his reputation was not significant enough to override the public's right to see it.

Torricelli was never charged, but a Senate ethics committee reprimanded him, and the issue has been central in his campaign against Republican Douglas Forrester. Torricelli is up for re-election in November.

The memo, filed with a federal judge in New Jersey in May, outlines the government's dealings with David Chang, a key witness in the government's now-dropped investigation of Torricelli. Chang is serving an 18-month jail term for making illegal contributions to the senator in 1996.

Lawyers for Torricelli and the Justice Department had asked for Chang's sentencing memorandum to be sealed, saying that revelation of material from the memo would violate Torricelli's privacy.

Three newspapers and a television station argued that the public was entitled to see the memo, which a judge used in deciding Chang's sentence. A federal judge initially turned down the request.

But the 3rd Circuit ruled that much of what was contained in the memo had already been printed in newspaper stories, and that the remaining information was not subject to secrecy rules.

"As far as the senator's privacy is concerned, the ink was in the milk and nothing in the government's memorandum worsened the situation for him," the court wrote.

Bruce Rosen, the New Jersey attorney who argued the case for The New York Times, The Philadelphia Inquirer, The Record of Bergen County and WNBC-TV of New York, said he will file a motion Monday seeking to have the memo disclosed immediately. Court rules could otherwise leave the memo sealed for another 45 days, he said.

Torricelli's spokeswoman, Debra DeShong, issued a brief statement calling Chang's allegations against the senator "desperate attempts to distract from his own wrongdoing" and "the rantings of a convicted felon."

Seven people pleaded guilty to making illegal donations to Torricelli's campaign in 1996. Chang told investigators he had given the senator gifts, including Italian suits and a $8,100 Rolex watch, in return for Torricelli's intervention in business deals in North and South Korea.

Forrester spokesman Bill Pascoe praised the court's ruling.

"Everything ought to be public here so people can decide for themselves," he said.

AP-ES-09-20-02 1941EDT

[Dog Gone]

Toricelli = toast

[BobFromNJ]

Toast indeed!!! and good riddance to a crook!!

[Sub-Driver]

Please, Please. Front page in all the NJ Sunday newspapers!

[Mike Darancette]

Toricelli = toast = DemocRAT Majorities

[Unknown Freeper]

Court rules could otherwise leave the memo sealed for another 45 days, he said.

45 days = November 4? Hmmm just in time for Election Day?

[IVote2]

The ruling will be appealed, therefore, unless through an act of God, it won't be released in time. My guess. :(

[CROSSHIGHWAYMAN]

Torricelli torched = burnt toast

[Torie]

45 days from today is Monday, November 4th, the day before the election! One almost begins to feel sorry for The Torch.

[Norman Conquest]

Newspapers and TV never run real news on election day, the argument being that an unfair story can't be corrrected in time and could do irreparable and unfair damage.

[billhilly]

I would love to believe it, but Torricelli is a United States Senator. His power is awesome. If the voters in New Jersey eject him, they will be protecting themselves.

[Fracas]

....the damage it might do to his reputation...

ROFL. Why aren't the 'usual suspects' demanding the release of Mr. Chang? If the Torch is innocent, then how can Mr. Chang be guilty? Wait....it's the OTHER things he did - not the connection to the Torch.

[PhiKapMom]

Thanks for posting this! Here is another one -- looks like the Torch is going to be history!

[fineright]

Didn't Toricelli already admit to taking the money but agreed to reimburse the guy under this rebuke?

[bioprof]

Torch's desire to appeal is countered by the additional damage he'll suffer by appearing to be an obstructionist.....he's been using the lame excuse ( so far ) that the main reason he was fighting disclosure was to "protect the judicial system" ( gag...). Now that he's been ruled against twice, he's got the rock & the hard place problem. I won't relax here in Jersey until all the votes have been counted ( powerful machine politics here ).
Any other state ( maybe with the exception of California ) he'd be charcoal, not toast.

[jackbill]

45 days from today is Monday, November 4th, the day before the election! One almost begins to feel sorry for The Torch.

The motion isn't going to be filed until Monday. A slow (corrupt) judge can keep this thing going until 2004.

[Robert_Paulson2]

Appealing it will make the torch look even more guilty than he is... that could be very interesting indeed...
With the torch and carnahan toast does this mean that we go to a 51-49 majority without Cheney?

Could be a lot of fun this fall...

[Liz]

bump

[Torie]

The motion is to shorten the 45 days. If it is not acted upon or denied, and that stands a writ of mandaumus back up to the appellate court, then the Memo comes out the day for the election. At least that is my impression from reading this.

[Bigun]

One almost begins to feel sorry for The Torch.

I do! I really, really do!

Are you convinced?