February 28, 2015

Loretta Lynch's secret prosecutions

Johnny Dwyer, NBC News - The office headed by the woman poised to become the next attorney general has used an unusual method to keep many of its prosecutions hidden from the public, an NBC News investigation has found.

Federal prosecutors in New York's Brooklyn-based Eastern District pursued cases against secret, unnamed "John Doe" defendants 58 times since Loretta Lynch became head prosecutor in May 2010. Two of the 58 are terrorism cases.

Eastern District prosecutors have also sought permission to close the courtroom to the public for 11 different Doe cases during the same period, and judges have granted permission in at least 10 of the cases, as recently as February 12.

Critics are concerned the practice may infringe the Constitution's guarantee of a public trial.

"While pseudonyms may be appropriate in exceptional cases, the courts should always opt for more transparent methods of protecting sensitive information when available," said Lee Rowland, staff attorney of the ACLU Speech, Privacy & Technology Project. "The disproportionate number of John Doe cases in the Eastern District is certainly a cause for concern; complete secrecy about the parties in a case should never be a default option."

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