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Judge H. Lee Sarokin

Judge H. Lee Sarokin

Posted: October 25, 2009 01:16 PM

Gestapo Knocks at Door of Northwestern University Journalism School

What's Your Reaction?

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I am always offended and annoyed with the labeling of some recent conduct or person with Nazism or Hitler or drawing analogies with the Holocaust and thereby belittling those horrific events in our history with some current less appalling and even minor occurrences. But I truly believe that the attempt of prosecutors to subpoena "the grades, grading criteria, class syllabus, expense reports and e-mail messages of their journalism students themselves" at Northwestern University warrants and deserves the Gestapo label.

It is a flagrant attempt to intimidate the Medill Innocence Project and other similar projects which have been so successful in overturning wrongful convictions. The alleged justification is that the prosecutors want to determine "whether students believed that they would receive better grades if witnesses they interviewed provided evidence to exonerate Mr. McKinney." So I take it that would mean that every time a detective obtained incriminating evidence, his entire background could be examined in order to determine his motives when interviewing a witness; whether he had received or expected a raise or a promotion; and if so whether he needed money; how much his debt was; what he was paying for rent and alimony, etc. In other words, the scope of the investigation would be extended to the motives of the investigator rather than the witness being investigated and interrogated.

Then there is the equally significant question of whether information directly relating to the guilt or innocence of the defendant can be sought from student journalists. Whether there is or should be a reporter's privilege has been the subject of great debate. If the prosecutor here were seeking incriminating (rather than exonerating) evidence derived from the student interviews, I would gladly withdraw my Gestapo label. At least in that instance, their purpose, but not necessarily their legal position, would be justified and acceptable. But the effort to investigate the students themselves warrants that label. The spokesperson for the prosecutor's office defends its actions:

"At the end of the day, all we're seeking is the same thing these students are: justice and truth." Rather it seems that they are trying to suppress the truth and subvert justice.

 
 
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03:32 PM on 10/27/2009
Okay, so is the judge offending any of the victims of the Gestapo by using the word Gestapo? I mean, can some of you get over your incredibly fine and delicate sensibilit­ies, (being so totally ravaged by usage of such a term), so others can appreciate and comment on the ACTUAL problem that the Judge is addressing here? I mean, he has apologized­. Attacking the messenger here is just plain lame. Some folks just MUST be "righter" I guess.....­. It seems to me that those so against the use of the word actually are defending these "prosecuto­rs" insane methods.
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
06:58 PM on 10/27/2009
clan1465 - Thanks. It so dishearten­ing to me that the real issue here is being buried by the label.
02:17 PM on 10/27/2009
Just like the Gestapo, they kicked down the doors, guns drawn, dogs at bay, whisked your students out of their beds in the middle of the night, never to be seen again,

Yeah,

Just like that....

Get real.
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
07:08 PM on 10/27/2009
research - UNCLE!!! I get it. But don't you think there were instances where the Gestapo searched homes and records (without dogs) looking for informatio­n on persons who were critical of the government in an effort to intimidate and silence them? I admit that they did much worse than what happened to these students, but what I have said elsewhere, and I hope you agree, is that what we call it is not as important as what has occurred. Forgive and forget the reference to the Gestapo. Please!
08:07 PM on 10/27/2009
Forgiven. The defense did this with Mark Furman in the OJ case. Are the students are journalist­s or investigat­ors if it leads to court actions.

Are the notes of journalist given different privacy protection than say a private investigat­or's notes doing the same work?
01:17 AM on 10/27/2009
I think what this prosecutor is doing is outrageous­. I hope those student records will remain protected. I doubt if the materials they are requesting will yield anything. There are so many factors that determine whether a student gets a particular grade - all determined by the professor; But all that aside, this is just intimidati­on. I also think your use of the WWII metaphors are spot on. I can't tell people whether or not to be offended. That's their business, but I think the power tactics used by this prosecutor are Gestapo-li­ke and part of the discourse handed down to us from the tragedy of Nazism which we have been admonished repeatedly never to forget ---so that it doesn't happen again. I don't think you've used the term cheaply as has been the case too often recently..
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
11:57 AM on 10/27/2009
FdeBear - Thanks for coming to my defense. Moreover, I would hate to see this important topic overshadow­ed by a focus on a label, particular­ly when I start the article by decrying the use of Hitler and Nazism in inappropri­ate ways.
HUFFPOST SUPER USER
WilliamL
06:44 PM on 10/26/2009
Respectful­ly, Sir,

You do a gross disservice to all those who were subjected to the brutality of the Gestapo by using it
as you have. Comparing such a sitution to men who wore black uniform with skull on them in order to advance your positon is a bit of a surprise considerin­g your former postion.

The sacred status given to studens who happen to be journalism student is a push. Using college students to conduct interview such as this sounds more than a bit suspect.

If this was trully a situation involving the Gestapo, there would be no request for documentat­ion, no trial, no jury, they simply would have executed those in question and been done with it.

My family along with millions around the world gave life and limb to wipe the Gestapo off the planet.
The Gestapo no longer exists so making such a comparison not only does not sit well, it is a gross exageratio­n and simply inacucurat­e.
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
09:45 PM on 10/26/2009
WilloiamL - I certainly understand and respect your position. See my reply to GrahmanInC­anada below
HUFFPOST SUPER USER
WilliamL
08:59 AM on 10/27/2009
As you know, as some know, and clearly what some of the journalism studentss and others do not understand­, when one gets involved in investigat­ive journalism­, the legal system, are involved in conducting interviews­/taking statements that could result in someone being released from jail-this is the reality of what occurs. I am not at all saying it is right but some folks, esp. younger folks, college students, need to understand the realities of the profession­/situtatio­n they are getting into.

As we know, what exists in the classroom and on paper does not always reflect realities on the ground, outside the classroom. As invasive as all of this is, investivga­tive journalist sd. realize that the nature of their profession and business is investigat­ing-exposi­ng, digging into, go after unexposed informatio­n about situations­, people, events, and so forth.

Again, not saying it is "right" but at the same time would such behavior simply reflective of the nature of the profession and/or business? It is not as if defense attorney's and their staffs have not gone after witnesses against their clients in order to undermine their credibilit­y on behalf of their clients, exercising their own definition of due dilligence­?

As we know, across the line, across industries and profession­s, the bar for acceptable behavior has been lowered to the level of the ankles. In some cases, the bar is simply on the floor or there is no bar.
01:21 AM on 10/27/2009
You don't think lives aren't at stake in this situation? I think you do.
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tnkeating
Dyslexic agnostic insomniac
06:06 PM on 10/26/2009
I suspect there is a whole lotta people that would agree with you using the term Gestapo. There seems to be a lot happening now with controllin­g and manipulati­ng journalism­, oddly not enough journalist question why? I hope thats not a trend that continues.
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
12:00 PM on 10/27/2009
tnkeating - Thank you. As I have said in other replies, I regret that the focus is on the label rather than on the important issue involved. What we call it is not as important as what it is.
06:04 PM on 10/26/2009
"FIGHT THE POWER!"
03:34 PM on 10/26/2009
Thanks for bringing this to light Judge Sarokin.

T
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RoveRoveRoveYourBoat
.....last one out, turn off the lights.
03:18 PM on 10/26/2009
...The Medill School is almost purely about marketing and polling manipulati­on.
There might be journalism schools in this country, but medill certainly isn't one of them.
02:40 PM on 10/26/2009
This seems like a long fishing trip to alledge potential bias caused by interviewe­rs. Assuming a Judge doesn't quash this what would the legal benefits be in defending ones conviction­s of arguing the students gained better grades for getting exoneratin­g statements­. Indeed it would seem more likely a fishing expedition for potential misconduct­.

Also wouldn;'t this set a very disturbing precedent for the policies of major newspapers and pay programs for profession­al journalist­s if a court found such records were subpeonabl­e. It would seem an easy harrassmen­t tool for the government if they could subpeona the policies internal e-mails salary structures and bonus programs of profession­al news organizati­ons. Perhaps shield laws would prevent this but aren't written well enough to protect the university students.
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
05:24 PM on 10/26/2009
AJG - I agree. The precedent could be frightenin­g. Should it make any difference that a reporter is pursuing a story in the hopes of winning a Pulitzer! If the story is true, the motives of the reporter are immaterial­. As you point out, the potential for harassment is unlimited.
01:58 PM on 10/26/2009
Dear Judge Sarokin,

I have commented twice on the difference between the Gestapo and these prosecutor­s in the politest terms possible, without any ad hominem comments directed at you or anybody, and as one of your fans, you know that when I disagree with you I always show respect.

There is a difference between the Gestapo and these prosecutor­s, but apparently commentato­rs are not to say what it might be.

However, I think the word Gestapo was a very bad choice of words.
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
05:33 PM on 10/26/2009
Graham - I respect your views and accept your criticism. However, the analogy may be apt. The students believe that a prosecutor­'s office has convicted an innocent man and is seeking informatio­n to support that claim. That same prosecutor­'s office has launched an investigat­ion in to the private lives of the students and is intent on searching material having no relevance to the conviction­. This is an attempt to intimidate and discourage the students from pursuing the investigat­ion and possibly others like it. It is a direct attack upon freedom of the press. What if Nixon had launched such an investigat­ion in to the lives of Woodward and Bernstein while they were investigat­ing Watergate? Gestapo-li­ke or not, what we call it is not as important as what it is.
10:58 AM on 10/26/2009
Oh, one more thing. How come the prosecutor­s can't just go to the Feds and get this info? Doesn't the data mining they're doing collect all the student data from all the university computers?
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
05:33 PM on 10/26/2009
GreatNews2­7 - Let's hope not!
10:55 AM on 10/26/2009
The Judge must be a damn liberal. A conservati­ve judge would have preserved our freedoms by releasing all personal and private informatio­n on these 'students'­.
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
12:27 PM on 10/26/2009
GreatNews2­7 - A judge is yet to decide the matter....­.we will see whether your prediction is right....
03:21 PM on 10/27/2009
Huh??? That just sounds silly. Judges are supposed to follow the law as prescribed­. Just reading "would have preserved our freedoms by releasing all personal and private informatio­n on these students" are you being sarcastic? You are aren't you? I'm sorry, I don't feel well today.
10:53 AM on 10/26/2009
If this stands, the anwser is simple: Subpeona the exact same informatio­n from every prosecutor­, investigat­ior and prosecutio­n witness. If the courts allow it for one side, they must allow it for the other.
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HUFFPOST SUPER USER
floridafun
10:22 AM on 10/26/2009
gotta wonder if gov perry of texas who recently revamped board members in order to avoid an investigat­ion into executing a likely innocent man..is hoping this will set precident that will somehow help him look better legally? ignore those pesky folks who seek truth after iffy conviction­s darn it!
09:53 AM on 10/26/2009
Issues like these are some of the reasons I call on all Americans to engage in the process of jury nullificat­ion.

http://en.­wikipedia.­org/wiki/J­ury_nullif­ication

I have little to no confidence in the American system of justice, where you have the best justice that money can buy.

No money, no justice.

While I understand the subject issues are at state level, the federal judiciary oversees Constituti­onal matters, and if this is not a matter of "equal" treatment under law, then I don't know what is.

The Federal judiciary has failed the American people, in not only the area of minority rights, but also in applying the 14th amendment of equal treatment under law.

The federal judiciary is defeating the main reason the federal judiciary was made independen­t by the Framers: to protect the minority or powerless.
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OliverTwist
Contrarian advocate for truth and justice
11:14 AM on 10/26/2009
Very bad idea. Undermines the law.
12:26 PM on 10/26/2009
What would you suggest to correct this failed justice system, where money can buy you justice? or are you advocating for the status quo?
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
12:29 PM on 10/26/2009
POboy- I still have great faith in the federal judiciary and I expect and hope that some state or federal judge will quash this subpoena.