Motion to Clarify Gag Order Filed

Last week, after Infowars published a version of a brief I filed that the court was supposed to keep private due to administratively classified contents, the court and the government attorney on the case contacted me and told me that I may not discuss the leaked brief, even though it was published to no less than millions of people through Infowars, Boing Boing, Reddit, Hacker News, Facebook, Twitter, etc. etc. etc.

They base this assertion on a court order from last June precluding me from “disclosing” sealed records. But, if the records have already been disclosed to the public, talking about them further is not “disclosure” in any meaningful sense of the word. To avoid the possibility of being in contempt of a court order, should the court concur with the asinine argument put forth by the DoJ, I’ve agreed to cease discussion of the contents of the leaked brief pending a motion to the court to clarify their order, which I filed today:

[I]f a piece of information exists within a document sitting in a sealed file in the clerk’s office, while that information also exists within a document located in a public forum, it could fairly be said that any discussion of said information by Petitioner is discussion of the public forum’s copy of the information. Barring Petitioner from discussing information that exists in both a sealed document and the public domain would produce anomalous effects that would severely and unnecessarily limit his speech. For example, if the government had sealed a top secret analysis of “an alien landing in the center of Turner Field at 755 Hank Aaron Drive,” would Respondent be barred from publicly saying that Turner Field is at 755 Hank Aaron Drive, or merely be prohibited from discussing the alien? Petitioner feels that the former is clearly not the intent of the Court’s June 5th, 2013 order, and accordingly, the Court’s intent was only to bar Petitioner from disseminating information unavailable to the public.

Needless to say, the U.S. Attorney on the case is pissed, and promptly sent off a tirade to the court, CC’d to me, about improper service since the copy of my motion she received via e-mail wasn’t signed (and yep, the appellate court rules actually allow for service via e-mail!). So, I rolled my eyes and sent her a signed copy, and now a judge will determine whether I may speak about the leaked doc.

Corbett v. DHS – Motion for Clarification II (.pdf)

8 thoughts on “Motion to Clarify Gag Order Filed

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  1. We live in a new world where the Streisand Effect cannot be denied. There is no putting the genie back in the bottle once it us out. They have every right to be pissed off, but it is a done deal. Time for the tee-shirts and bumper stickers I guess.


  2. I won’t be surprised if they dismissed your case because you didn’t sign the motion with a government-approved pen. Seriously. I won’t be surprised.

  3. Go Jon! Looks as though you’re persistence prompted a major error by TSA and DoJ.

    Now that their security charade is exposed they are compounding the error by trying to silence you.

    A decision against them, which seems likely here, might open the gates for further decisions that protect citizens instead of corrupt agencies.

  4. Interesting that everyone on the other side is so pissed. The reality is that the non-redacted version was sitting on the server for any reporter or researcher to access. It henceforth has become public information and remains public information. Just as massive mistakes were made in the roll out of ObamaCare and it fails to function, much the same can be said about the way in which the Court and TSA maintained any degree of competency in keeping their lies secret. Liars generally do not like to be caught with pants down, exposed.

    I am more than willing to file an Amicus brief in this case. This is the way things shake. You as the plaintiff cannot be gagged from commenting on public information. It is tantamount to trying to close the barn doors after the cows have come out. The cows are out. An eighth grader with a good mind could grasp this concept. Time for the US Attorney to chill. You are very correct about the matter. Using some reserve for a while until common sense dawns on them would not be ill advised. Have a great day.

  5. BTW, You are legend. Thought I would note that. You represent the values and character of good Americans everywhere who have seen right through this Theater Op for a decade plus.

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