Dear, Professor Bluestein
I read were you recently had a discussion with my friend and fellow Tyrannicide, Ben Holder, concerning the release of records by the City of Greensboro that implicated that Greensboro City Councilwoman Marikay Abuzuaiter is a Confidential Informant.
You indicated in your e-mail to Ben that no laws had been broken and Ben posted your reply online here: http://thetroublemaker.blogspot.com/2013/02/nc-school-of-government-weighs-in-on.html
Tragically, Marikay has been the victim of multiple death threats for going on 2 weeks now and Yes! Weekly continues to publish information about her.
In researching this subject I have found a Federal court decision that appears to counter what you told Mr Holder.
"A confidential informant is a person who provides information about criminal activity to law enforcement officers. The identities of these individuals are privileged in order to protect these individuals against retribution from those involved in crime. Statements made by a confidential informant are testimonial in nature, and therefore, may not be offered by the government to establish the guilt of an accused absent an opportunity for the accused to cross-examine the informant. However, evidence that is provided merely by way of background or is offered only to explain how certain events came to pass or why the officers took the actions they did, is not offered for the truth of the matter asserted. [United States v. Warman, 578 F.3d 320 (6th Cir. Ohio 2009)] "
If a CI's identity is in-fact privileged as stated by the 6th Circuit Court then how can it be possible for the release of that person's name to be legal?
Logic would preclude that it cannot be legal to release the name of a confidential informant to the public.
I am also of the opinion that any newspaper that knowingly releases the name of a confidential informant gained from records provided by government whether intentional or not, would be considered aiding and abetting a crime by government.
I have posted this letter on line and await your response.
Thank you -Billy Jones
I read were you recently had a discussion with my friend and fellow Tyrannicide, Ben Holder, concerning the release of records by the City of Greensboro that implicated that Greensboro City Councilwoman Marikay Abuzuaiter is a Confidential Informant.
You indicated in your e-mail to Ben that no laws had been broken and Ben posted your reply online here: http://thetroublemaker.blogspot.com/2013/02/nc-school-of-government-weighs-in-on.html
Tragically, Marikay has been the victim of multiple death threats for going on 2 weeks now and Yes! Weekly continues to publish information about her.
In researching this subject I have found a Federal court decision that appears to counter what you told Mr Holder.
"A confidential informant is a person who provides information about criminal activity to law enforcement officers. The identities of these individuals are privileged in order to protect these individuals against retribution from those involved in crime. Statements made by a confidential informant are testimonial in nature, and therefore, may not be offered by the government to establish the guilt of an accused absent an opportunity for the accused to cross-examine the informant. However, evidence that is provided merely by way of background or is offered only to explain how certain events came to pass or why the officers took the actions they did, is not offered for the truth of the matter asserted. [United States v. Warman, 578 F.3d 320 (6th Cir. Ohio 2009)] "
If a CI's identity is in-fact privileged as stated by the 6th Circuit Court then how can it be possible for the release of that person's name to be legal?
Logic would preclude that it cannot be legal to release the name of a confidential informant to the public.
I am also of the opinion that any newspaper that knowingly releases the name of a confidential informant gained from records provided by government whether intentional or not, would be considered aiding and abetting a crime by government.
I have posted this letter on line and await your response.
Thank you -Billy Jones
