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The commissioner has the power to issue an enforcement notice compelling disclosure of the records, although the commissioner is most likely to try resolving the matter informally.
In Michigan, at least, the state constitution has been interpreted as preventing state officers from compelling disclosure of facts which might tend to incriminate the witness under federal law, even though he has been granted full immunity from state prosecution.
Judge Tatel said judges should balance "the public interest in compelling disclosure, measured by the harm the leak caused, against the public interest in newsgathering, measured by the leaked information's value".
But according to a new analysis by New York City Public Advocate Bill de Blasio that was provided to HuffPost, more than half the states already have it within their power to start compelling disclosure from groups like Karl Rove's Crossroads GPS, which spent more than $70 million during the 2012 elections.
But in doing so, the judge would have to weigh the public interest in compelling disclosure against the public interest in "gathering and disseminating the information or news at issue and maintaining the free flow of information". That balancing act shouldn't be left to the prosecution.
It's also why the Supreme Court told Alabama in 1958 that it couldn't compel the NAACP to disclose the names and addresses of its members: Compelling disclosure of such information infringes upon one's freedom to associate and thus violates their First Amendment rights.
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"The court has the discretion to order disclosure under compelling circumstances which were certainly present here".
Paul Bogaards, a spokesman for Knopf, said that it had sold first excerpt rights in other countries besides the United States, and that the premature disclosure of compelling details from the book could jeopardize those agreements as well.
The court also found a "compelling public interest" in disclosure, and said that nothing in the disputed seven paragraphs — a summary of evidence relating to the involvement of the British security services in Mr. Mohamed's ordeal — had anything to do with "secret intelligence".
It is possible Saylor's ruling on Friday will aid the ACLU's case in the southern district of New York, as the judge found the ACLU both has the right to seek the records and considered the ACLU to have made a compelling case for their disclosure.
"If every newsworthy case were deemed compelling and, thus justified disclosure, the veil of grand jury secrecy would be lifted and every citizen's right to have fellow citizens, sitting on a grand jury, check the power of the police and the prosecutor without pressure from outside influence real or perceived would be imperiled," Garnett said in the opinion.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com