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Orin Kerr @OrinKerr
, 4 tweets, 2 min read Read on Twitter
Seems worth noting that longstanding precedent in the 4th Circuit recognizes that list of juror names ordinarily should be public in a criminal trial. See In Re Baltimore Sun Co, 841 F.2d 74 (4th Cir. 1988).
It's not a bright-line rule, see fn 5, but it's not like the media organizations are trying to establish a new norm in the Manafort case. From the 4th Circuit case:
To be clear, I'm not saying I disagree with Judge Ellis's decision to make an exception to the usual rule in this very unusual case. But seems worth noting this is the usual rule in the 4th Circuit. cbsnews.com/news/judge-in-…
Also, FWIW, the cases don't quite agree w/ Randy's view that the jury represents "the people." Rather, the cases say "the people" are "the people," and they ordinarily have a right to public access to know what their government institutions -- including the jury -- are doing.
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