Common Law Presumption of Access Applies to Search Warrants
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Second Circuit in United States v. Schulte. This case concerns public access to certain search warrants and affidavits in the criminal prosecution of Joshua Schulte, a former CIA employee accused of illegally accessing and transmitting classified information belonging to the CIA in connection to the “Vault 7” leaks. The brief argues that the district court applied the incorrect standard in holding that the search warrant materials should remain shielded from public view. The brief notes that a strong presumption of access applies to the materials under common law. A qualified First Amendment right of access also applies. The brief urges the appeals court to vacate the district court’s orders and remand with instructions to apply the common law presumption of public access to the search warrant materials.