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Entries in Court Order (2)

Thursday
Mar032011

Attorneys Seek Court Order to Press John Edwards on Sex Tape

Photo Courtesy - ABC News(HILLSBOROUGH, N.C.) -- Attorneys for a former aide to John Edwards Thursday sought a court order to compel the two-time presidential candidate to provide additional information in a dispute over ownership of a sex tape Edwards allegedly made with his mistress.

Edwards gave a sworn deposition in the case last month.

The details of the court filing are shielded from public view because of a broad protective order sought by Edwards' attorneys in advance of the deposition and issued last year by the judge. But if the court were to grant a hearing on the motion, it is possible that a transcript of Edwards' deposition, or portions of it, could be entered into the public record.

Edwards' testimony was taken in Chapel Hill last month in connection with the civil suit filed by his mistress, Rielle Hunter, against Andrew Young and his wife, Cheri.

Andrew Young, a former close aide to Edwards, claimed in 2007 that he was the father of Hunter's child, but retracted that assertion last year and published a tell-all book, writing that he took the fall for Edwards as part of an elaborate and expensive cover-up of the affair designed to protect Edwards' political aspirations.

Hunter brought the suit in January 2010, days before the publication date of Young's book, The Politician. At the center of the suit is Hunter's allegation that Young took from her a "personal and private" videotape that depicts Edwards and Hunter in a sexual encounter, as well as a series of photographs that include images of Edwards with his daughter, Quinn, who turned 3 last week.

Attorneys for Hunter and Edwards, who is not a party in the lawsuit, have pointedly accused Young of trying to sell the sex tape and of using it to promote his book and a forthcoming film adaptation by Oscar-winning screenwriter Aaron Sorkin.

But Young contends he found the tape discarded in a box of trash in a rented Chapel Hill home that Hunter once shared with his family, and claims that Hunter uploaded the photographs to a computer they all shared while hiding out in a California mansion.

Copyright 2011 ABC News Radio

Tuesday
Feb152011

Department of Justice Seeks Twitter Records in Wikileaks Probe

Photo Courtesy - ABC News(WASHINGTON) -- In an interesting juxtaposition to Secretary Hillary Clinton's Internet freedom speech, Tuesday at the U.S. District Court in Alexandria, the Justice Department will be seeking to enforce a court order to direct Twitter Inc. to provide the U.S. government records from three individuals,  including Birgitta Jonsdottir, a member of Icelandic parliament who communicated with others about WikiLeaks and Julian Assange last year when WikiLeaks released their trove of U.S. cables.

In December, the U.S. District Court issued the order to seek the information under a 2703 order which allows the government to seek a service provider's customer communications records in the past 180 days. It is essentially an administrative subpoena.

The American Civil Liberties Union and the Electronic Freedom Foundation are seeking to dismiss and challenge the order.  According to a Jan. 26 court filing, the groups are seeking to dismiss on the grounds that it "intrudes upon important First Amendment rights," 4th Amendment protections, and "will not directly further the government's purported interests."

Jonsdottir and two other individuals have been targeted by these orders to turn over details about their Twitter accounts because the suit suggests they discussed Wikileaks and Assange.  The motion to dismiss notes, "The First Amendment guarantees their right to speak up for and freely associate with even unpopular people."

The motion also notes that the U.S. government request creates, "a disturbing precedent regarding a foreign government's ability to collect private data from another country's officials."

The U.S. government is seeking information about their accounts, direct messages, home address, connection records and IP addresses.

The ACLU and EFF are also seeking to unseal all court orders relating to the case and the government's request for the records.  Everything filed by the Justice Department was filed under seal in the case and remains secret.  The court motion and request to dismiss the court order were only recently unsealed in this matter.

Copyright 2011 ABC News Radio







ABC News Radio