The Monitor

U.S. federal judge may unseal documents in former Gulf Cartel leader's case

The Brownsville Herald

BROWNSVILLE — Details into the world of former Gulf Cartel leader Osiel Cárdenas Guillén could be available in the not-too-distant future if his attorneys aren’t able to show a federal judge why court proceedings and documents should remain sealed, court records reflect.

U.S. District Judge Hilda G. Tagle on Tuesday issued an order in Brownsville to U.S. prosecutors, along with attorneys for Cárdenas and 11 other defendants, to “review the record in this case to determine whether good cause exists to continue to seal the documents and hearings in the record.”

Cárdenas and other defendants were first named in multi-count federal indictments in 2000 and 2002, accused of moving tons of cocaine and marijuana to the U.S.

Cárdenas also stands charged with threatening to assault and murder U.S. federal agents or those working in cooperation and under the control of federal officers, the court record reflects. His case and those of other associates are still pending in federal court.

Tagle noted Tuesday that if sealing the records is permitted, the reasons for sealing them should be publicly available. And if a party to the case seeks to close a hearing and on grounds that trump public access, she must consider reasonable alternatives to closing the proceeding. Tagle indicated she would make specific findings regarding closed hearings and any documents that would be sealed.

She instructed defense attorneys and prosecutors to review the sealed entries to determine if they should be unsealed, partially redacted or remain sealed.

The attorneys must provide a detailed rationale for any arguments in favor of restricting public access to the records or hearings. Their deadline to provide those arguments is Dec. 11.

Tagle, however, will have the final word.

Neither the U.S. Attorney’s Office nor Cárdenas’ defense attorneys responded Friday to requests for comment.

____

 

Emma Perez-Treviño is a reporter for The Brownsville Herald.


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