Upon review of the record herein, it is the opinion of this
Court that whatever privacy or confidentiality interests
Treasury may articulate in favor of keeping sealed the documents
reflecting its internal disciplinary processes, those interests
are easily outweighed by the strong presumption in favor of
public access. The Court finds that, in the aggregate, the
interests presented militate in favor of unsealing the records
comprising the Sealed Documents.
Additionally, the Court concludes that the corrective action
taken by Treasury — including this report — stands in marked
contrast to the dearth of corrective action taken by the
Interior Department and the Justice Department. Neither of those
agencies has provided any report whatsoever — under seal or
otherwise — demonstrating that they have held any attorney
accountable in any way whatsoever for any misconduct in this
Some members of the public may question whether Treasury went
far enough in its disciplinary proceedings. That remains to be
determined by this Court. But the Court believes that release of
this report will demonstrate to the public that Treasury has
taken a step in the right direction, a step that the Interior
and Justice Departments have not demonstrated.
A separate order shall issue this date.
Before the Court are the Department of the Treasury's Motion
to File Documents Under Seal; the Motion of Dow Jones & Company,
Inc. to Intervene and For Access to Documents Filed Under Seal
On November 2, 2001; Plaintiffs' Opposition to the Motion;
Treasury's Response to the Oppositions Filed by Dow Jones and
Plaintiffs; and Plaintiffs' Motion for Ad Hominem Sanctions and
Award of Expenses Regarding the Motion.
Upon review of the pleadings and the entire record herein, for
the reasons set forth in an accompanying Memorandum Opinion, it
ORDERED that Department of the Treasury's Motion to File
Documents Under Seal be, and hereby, is DENIED; it is further
ORDERED that the Motion of Dow Jones & Company, Inc. to
Intervene and For Access to Documents Filed Under Seal On
November 2, 2001 be, and hereby is, GRANTED; and it is further
ORDERED that Plaintiffs' Motion for Ad Hominem Sanctions and
Award of Expenses Regarding the Motion be, and hereby is,
DENIED; and it is further
ORDERED that Defendants' Motion to Strike Plaintiffs' Motion
for Ad Hominem Sanctions is DENIED, as is Defendants'
Cross-Motion for Sanctions; and it is further
ORDERED that those documents which constitute the Sealed
Documents are hereby unsealed and made part of the public
record.; and it is further
ORDERED that the motions of Daniel J. Mazella and Ingrid D.
Falanga to File Documents Under Seal are DENIED. By letter dated
November 13, 2000, on November 10, 2000 (attached to Treasury's
response to Dow Jones' motion), counsel for Mazella and Falanga
indicated that if the Treasury Report was unsealed by the Court,
they would want their responses to be part of the unsealed
record. Further, it is
ORDERED that defendants FORTHWITH provide to each counsel for
named Treasury employees the Sealed Documents.