My guess is, the justices would not have granted the expedited appeal unless they were interested in finding the legal means to correct an injustice.
The law makes clear the exemptions (to kiddie-porn statutes), and giving tapes to legislators so they won’t change a law isn’t one of them.
The optimal solution might well be to allow access to the tape with strict limits on redistribution (perhaps requiring that it be viewed in the courthouse rather than distributing copies) or perhaps blurring the faces of all the persons involved. But most likely neither of these possible solutions satisfies either of the inflexible legal structures. The only way I see of avoiding the problem is for the U.S. Attorney to exercise prosecutorial discretion and allow this sort of limited access. But I'm not sure how likely that is to occur.
The Georgia Open Records Act is even more explicit. If the judge with jurisdiction over a case does not approve public inspection of the evidence, the person responsible for the maintenance of the evidence, including a district attorney, is then required by the law to make available a reproduction or copy.
(a) Public disclosure shall not be required for records that are: (1) Specifically required by the federal government to be kept confidential; (2) Medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy.
Maybe the tape is subject to the Open Records law and maybe — maybe — it was absolutely essential that reporters and lawmakers view it, even though there's no dispute about what happened. That doesn't lessen the creepiness dimension of adults watching teenagers having sex or for McDade's failure to be more discreet in releasing the tape instead of putting it in circulation like an R. Kelly sex tape. Why is it necessary for anyone in the general public to have that tape?
The Democrats' possible savior is John McDaniel, who for nearly three decades has been sheriff of Jackson County..."Johnny Mac," as he is known, is running for the District 5 House seat being vacated by Don Brown, a feisty Republican from DeFuniak Springs, who will be term-limited out of office in 2008...After his wife's death, McDaniel said he prayed about what to do next in his life. He wants to change the way the FCAT is used to grade students, emphasize vocational education more and improve mental health programs for jail inmates.
The citizens of Douglas County and Georgia as a whole are fortunate to have someone as smart, committed, and thorough as David looking out for them. Politicizing this situation and attacking him rather than discussing the merits of the case are shameful.
The Washington source said Mr Bush and Mr Cheney did not trust any potential successors in the White House, Republican or Democratic, to deal with Iran decisively. They are also reluctant for Israel to carry out any strikes because the US would get the blame in the region anyway.
Dick Williams: There are 35 tapes out there right?
Phil Kent: Disseminated by the news media. Maybe we ought to prosecute the news media for pornography. It's not being disseminated by David McDade...It's the news media distributing them, not the D.A.
Stephanie Ramage of The Sunday Paper: I don't know how much consent an intoxicated 15 year old girl can give when she's in the company of older males who are taking advantage of her.
Phil Kent: And if you look at that tape, you wonder if this was a midemeanor too.
Stephanie Ramage: Have you seen the tape?
Phil Kent: I have not seen the tape.
Dick Williams: ...is saying the District Attorney in Douglas County may be guilty of facilitating child pornography.
Phil Kent: Well, that's absurd.
Dick Williams: No it's not!
I hope this tape helps you...
Why has he been holding private screenings of this video in his office at the capitol? I know for a fact he's been doing it. I've had legislators say they've seen it in his office.
The problem with hate crime legislation is demonstrated by the unprovoked assault by 10 or more thugs on young Joshua Martin outside Six Flags Over Georgia. All are the same race, but suppose otherwise. So when is it a hate crime? By the way, wonder how many of the gang have fathers in the home?
American politicians are able to play partisan political games with the war. Imagine them in the role of Pakistani President Gen. Pervez Musharraf, constantly the target of assassination attempts, and yet he has the courage to confront — and kill — hard-line pro-Taliban cleric Abdul Rashid Ghazi and dozens of his die-hard followers.
Between Mark Taylor and the trial lawyers the Democratic Party of Georgia remains afloat. Better sue a few more manufacturers, guys. This need could go on for awhile.
The plot for my latest novel, entitled “When Good People Do Stupid Things,” features a renegade board member from a major urban hospital who shows up at a neighboring county demanding $4 million, thereby sabotaging any charitable impulse that might have existed to help the neighbor solve his problem. In Chapter 2, he goes to three more neighbors demanding money — where he is arrested by the short sheriff in Slayton (this is fiction) for panhandling.
