Agencies disdainful of media’s key duty to inform

The following editorial appeared in the Reno Gazette-Journal:

When officials imply it is indecent for the public to scrutinize what the government does, a civics lesson is in order.

The latest example comes in the case of arrests surrounding an alleged pain-pill ring in Reno. So far, the DEA and FBI have arrested nine people, including Dr. Robert Rand and Richard “Richie” West II.The Reno Gazette-Journal asked the court to unseal the arrest affidavit and lift the gag order on defense attorneys.

Assistant U.S. Attorney Shannon Bryant wrote in a response to the Gazette-Journal’s motion, “Permitting the press to paw through the files of this ‘very active’ and ‘ongoing’ investigation will absolutely jeopardize the integrity of this very important criminal investigation.”

The condescension in her words is palpable — “permitting the press to paw through the files” — likening the document-handling skills of a respected, award-winning news organization to a pervert pawing through a stranger’s underwear drawer.

Bryant said the purpose of the Gazette-Journal’s motion was to sell newspapers. No, it is about our mission to keep this community informed, and it is about transparency in the criminal justice system.

The Gazette-Journal’s specific request involves the affidavit used to justify those nine arrests. Large portions of the arrest affidavit were redacted, especially intercepted text messages and cellphone conversations. One detail in the documents that makes this case of tremendous importance to RenoSparks residents is that there may be 60 deaths linked to Rand’s prescriptions.

Once the arrests were made, the documents to justify those arrests became part of the official public case record.

Having access to these public records allows the Gazette-Journal — and anyone else — to see what government agents are doing in the public’s name.

In essence, the government is saying, “Trust us; when we raid someone’s business and home to take whatever we want as potential evidence, the public does not deserve to know the justifications behind the arrests and property seizures.” Also, it is saying, in effect, “We are allowed to dribble out self-interested details that help our case, but the defense should not be allowed to say anything.”

The investigating and prosecuting agencies have tremendous power, and that higher power must be kept in check by an equally high level of scrutiny.

The U.S. Attorney’s Office says no and that anyone who would claim otherwise is just doing it for crass or selfish reasons.

The U.S. Attorney’s Office seems to want a stenographer to regurgitate its news releases rather than a free and vibrant media. It has forgotten the First Amendment’s explicit protections for freedom of speech and freedom of the press that encourage such scrutiny to maintain a healthy democracy.

Displaying such a disrespectful attitude toward common media requests that have been widely upheld by the courts denigrates the First Amendment and the public’s duty to make sure the government is using its power responsibly.