Thread by @NickOchsnerWBTV

Good morning. I'm sitting in on the first of two #publicrecords hearings this morning. The first is in my lawsuit seeking records related to Josh Malcolm from UNC-P, where the NCSBE is asking to join the suit to continue blocking my access... #ncpol

The second hearing this morning is a lawsuit in which WBTV and a coalition of more than two dozen media outlets sued for access to COVID records. In that case, the state continues withholding a number of documents related to how it's handled the pandemic #ncpol

Currently, a lawyer for @NCAGO representing NCSBE is arguing I couldn't ask for records Josh Malcolm created using his UNC-P phone and email that related to election business #ncpol

This lawsuit was filed in August 2019. We got a first production of records in November 2019. At that time, AG's Office lawyers representing UNC-P said the NCSBE asked them to redact certain documents. But nobody told us under what grounds the redactions were made #ncpol

Lawyers from the AG's Office and NCSBE refused to tell my lawyers why they had withheld the records. They also refused to ask to join the lawsuit until late March, after a judge refused to dismiss the lawsuit #ncpol

The AG's Office is arguing on behalf of NCSBE that they have 'timely' sought to get involved in the case... more than a year after the lawsuit was filed, after mediation and after a judge denied multiple motions to dismiss #ncpol

The lawyer for NCSBE just referenced this tweet thread to the judge. Takes issue with my tweet about his position that I should not be able to seek records from UNC-P where Josh Malcolm did NCSBE business on university accounts/devices. He then repeated that same position #ncpol

Judge has ruled that NCSBE can be a party to the lawsuit. Now lawyers for the AG's Office (both NCSBE and UNC-P) are both arguing against a judge appointing an outside expert to review the redacted and withheld documents in this case. A judge appoints one anyways #ncpol

The lawyer for NCSBE says I am not entitled to Josh Malcolm's NCSBE records (that he created on UNC-P accounts/devices and used UNC-P staff to create) and that they should not be at issue in this case... #ncpol

The NCSBE lawyer says I never requested records from the state board. But that's not true. I did. The records we've gotten subsequently from UNC-P show I didn't get everything from NCSBE when I asked in January 2019. Here's the January 2019 story: wbtv.com/2019/01/04/rec…

Here's my story from July of this year, where we highlight new records I got from UNC-P showing Josh Malcolm was in frequent contact with Dan McCready leading up to and following the election #ncpol wbtv.com/2020/07/15/pro…

I just lost power (and internet) at the house. When I dropped out, the AG lawyer for NCSBE was arguing again that I should not be entitled to Malcolm’s NCSBE records in this case bc they’re held by the university #NCPol

Judge rules that if Josh Malcolm's records do not concern the mission of the university, it will not be disclosed #ncpol

Now the lawyers for the AG's Office (for both UNC-P and NCSBE) won't even agree that retired Chief Business Court Judge John Jolly can serve as special master in this case #ncpol

We've also proposed former NC Supreme Court Justice Barbara Jackson as an alternate special master. The judge says he thinks both are respected jursists and qualified. The AG's Office lawyers won't commit to supporting either for a special master #ncpol

Now AG's Office lawyer for UNC-P is objecting to splitting the cost for a special master. Wants WBTV to pay for all of the costs. A reminder, under the law, a prevailing party (we've already received 1,000's of records) is entitled to fees and costs #ncpol

Judge rules to split the costs among the three parties. It appears that's all the fun we're going to have in this case today. Now time for the next hearing in the COVID records case #ncpol

The hearing in the media coalition case for COVID records is beginning. 27 media outlets are seeking records from DHHS and DPS related to how they've handled the pandemic #ncpol

I missed most of the hearing for the COVID records because my power and internet went out again. Then I learned the hearing stopped b/c our lawyer's power and internet went out... It will be re-scheduled for the week of 11/9 Happy tropical storm, everyone! #ncpol