Reply #22: They're walking a fine line [View All]

[LizW]

I haven't read the actual legal filings, but my experience is that when the court orders you to turn something over that you've been trying to keep secret, it's over.

Sending a judge a letter at the 11th hour saying essentially, "No, we won't be turning these over, and we'll file a secret brief later explaining why," is extremely unusual.

I think most lawyers would expect to be jailed for contempt. However, I was not a government lawyer, and maybe they get more slack from the judges. Even so, I think this is bound to piss off the judge, and for a lawyer to take such a risk means the photographs are hideous and they're desperate to keep them secret.