This is oh so strange. You might recall the case of the D.C. Madame who threatened to release the phone numbers of all her clients which was said to include some rather prominent members of the D.C. establishment. Then Brian Ross of ABC News was given the list and was going to reveal some of the blockbuster names in a Friday show. But the outrage from Fox “News” and others - how could ABC destroy so many families? - seemed to get to Ross whose blockbuster airing came and went with a whimper as he revealed no new names.
Now it turns out “The Government has twice applied to this Court ex parte for Temporary Restraining Orders (”TROs“) preventing Defendant from selling the List or from distributing copies for free.” You may be asking, as I am asking, what the hell is the Government doing getting involved in this case apart from the regular prosecution of Palfrey and why do they give a crap about her list? Actually, the judge wanted to know the same thing:
At oral argument, the Government was asked whether the List contained the telephone numbers of unindicted co-conspirators. After a significant silence, Government counsel agreed that the answer to the Court's question was “yes.” One cannot help wondering why the Government has exhibited such a strong interest in protecting a list containing the telephone numbers of unindicted co-conspirators, i.e., the women who the Government alleges provided the illegal sexual services and the men who the Government alleges sought and obtained such illegal sexual services.
As the Government was unable to answer this question and kept changing its legal argument for why the judge should keep the list under seal, the judge ruled in favor of the Defendant's request to quash the TROs. Surely, she threw the Government a bone by publicizing her ruling on July 5, during the holiday week. Still, now Palfrey is free to make the lists public.
Hence, the only remaining question is how many days it takes the prosecution to make her case go away. As there is no way the Government goes to all the trouble it did, inventing phony arguments and all, if it were not protecting someone of significant import. And the Dick Cheney in me says that it would just be easier to make the whole case disappear.
The Court's Ruling (PDF)
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