TISONE
v.
UNITED STATES
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In a § 2255 habeas corpus proceeding, the court denied the government's unopposed motion to seal FBI Form FD-302s from witness interviews relating to the petitioner's criminal investigation, holding that the government failed to identify a compelling interest sufficient to overcome the presumptive public right of access to judicial records.
The court held that the government did not identify a compelling interest to justify sealing the FD-302 forms, and therefore the motion to seal was denied. The court noted that while compelling reasons to seal such forms could exist (such as protecting ongoing investigations or informant identities), mere speculation is insufficient.
[1] Judicial records are presumptively available to the public.
[2] Federal courts must balance the public's right of access to judicial proceedings and records against the need for confidentiality.
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Join FLexlaw to unlock all legal intelligence“What transpires in the courtroom is public property, and both judicial proceedings and judicial records are presumptively available to the public.”
Establishes the fundamental presumption of public access to judicial records that the government must overcome.
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Join FLexlaw to unlock all legal intelligenceThe government sought to file under seal three FBI Form FD-302s memorializing witness interviews from the investigation of the petitioner's criminal c…
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Before the Court is the United States' Unopposed Motion to Seal Exhibits One Through Three of Its § 2255 Response (Doc. 9). The government requests permission to file under seal three FBI Form FD-302s that memorialize witness interviews relating to the investigation of the petitioner's criminal case. But the government does not explain why the forms should be sealed, and the Court cannot simply rubber stamp such a request. “What transpires in the courtroom is public property, and both judicial proceedings and judicial records are presumptively available to the public." Perez-Guerrero v. U.S. Atty. Gen., 717 F. 3d 1224, 1235 (11th Cir. 2013) (cleaned up). Federal courts have a duty to balance the public's right of access against the need for confidentiality. See Farnsworth v. Proctor & Gamble Co., 758 F. 2d 1545, 1547 (11th Cir. 1985).
The Court can imagine compelling reasons to seal the type of form at issue here, like protecting the integrity of an ongoing investigation or the identities of informants. But without some explanation for the need to seal, the Court can only speculate. The United States has not identified a compelling interest to seal here, so the Court cannot find good cause to overcome the public right of access. Accordingly, the motion to seal (Doc. 9) is denied without prejudice. The government may renew its request, but it must identify a compelling interest to justify its request.
DONE AND ORDERED in Fort Myers, Florida on February 5, 2025.
Sheri Polster Rappell SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
SA: FTMP-1 Copies: All Parties of Record