Epstein Secrets

on law 'a general right to inspect and copy public records and documents,"' such a right "is not absolute." Salemme, 985 F.Supp. at 194-95, quoting Nixon v. Warner Communications, 435 U.S. 589, 597, 98 S.Ct. 1306, 1312, 55 L.Ed.2d 570 (1978). Instead, "'judicial documents are presumptively available

In cases that arouse intense public interest . . . `adverse publicity can endanger the ability of the defendant to receive a fair trial.") (quoting Gannett Co. v. DePasquale, 443 U.S. 368, 378 (1979)). EFTA00728038 As the Court has previously observed, while "[t]here is at common law 'a general right to

roceedings, based upon the Supreme Court's recognition of a common law right of access to inspect and copy judicial records. 142 F.3d at 504, citing Nixon v. Warner Communications, 435 U.S. 589, 598 (1978). The appellate court also observed that this common law right was not absolute: Although some

fied a common law tradition of public access to criminal trials, this never extended to preindictment, pretrial proceedings involving a grand jury. Gannett Co. 443 U.S. 368, 99 S.Ct. 2898, indicates as much. In any event, even if there was once a common law right of access to materials of the sort at issue

ated that in deciding whether to unseal materials it was important to give weight to the impact on a criminal defendant's right to a fair trial. In Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978), a number of media moved the district court to release audio tapes admitted into evidence in the

afeguard the due process rights of the accused, has "an affirmative constitutional duty to minimize the effects of prejudicial pretrial publicity." Gannett Co. v. DePasquale, 443 U.S. 368, 378 (1979). This District has given effect to this Sixth Amendment right through Local Criminal Rule 23.1. Accordingly,

with John Madden for 21 years to form one of the most popular broadcasting pairings in television history. Died April 16. Al Neuharth, 89. He built Gannett Co. into the largest U.S. newspaper publisher and created USA Today, which became the country’s biggest-selling daily paper. Died April 19 of HOUSE_OVE

who worked as deputy campaign manager for Richard Nixon’s successful 1968 presidential run, then joined

e proposal and accompanying note, I am concerned that the limits on subpoenas found in the United States Supreme Court's decision in United States v. Nixon 734 might be vitiated by a broad rule. To ensure courts consistently apply Nixon's substantive and procedural standards to victim-related subpoenas,

Bishop, 76 F. Supp. 866, 868 (D. Or. 1948). 374 448 U.S. 555, 575-76 (1980). 375 Press-Enter. Co. v. Superior Court, 464 U.S. 501, 509 (1984). 376 Gannett Co. v. DePasquale, 443 U.S. 368, 428 (1979) (Blackmun, J., concurring in part and dissenting in part). 3 x 7 Richmond Newspapers, 448 U.S. at 571. 3

quash subpoena directed to kidnapping victim's father for lack of materiality). 93 See Fed. R. Crim. P. 17(c)(Q). °4 See generally United States v. Nixon, 418 U.S. 683, 689 (1974). 95 See id. at 699. DAVID SCHOEN HOUSE_OVERSIGHT_017739 --- PAGE BREAK --- Page 26 of 52 2005 B.Y.U.L. Rev. 835, *879

utional Argument, 75 N.Y.U_L. Rev. 1658, 1687 (2000); see also Drew L. Kirshen, Vicinage, 29 Okla. L. Rev. 803 (1976). 204 448 U.S. 555 (1980). 205 Gannett Co. v. DePasquale, 443 U.S. 368, 380 (1979) (internal citation omitted). 206 Press-Enterprise Co. v. Superior Court, 464 U.S. 501, 509 (1984). 207 Gann