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Is it okay to rat out rats?

May 22, 2007

22pleaIn today’s New York Times, Adam Liptak has this intriguing article about the website “Who’s a Rat.”  The website describes itself as “a database driven website designed to assist attorneys and criminal defendants with few resources [allowing]  individuals and attorneys to post, share and request any and all information that has been made public at some point [including information about an] Informant who makes his or her Informant status known to any person.”  Here are snippets from the Times article about reactions from the Justice Department:

There are three “rats of the week” on the home page of whosarat.com, a Web site devoted to exposing the identities of witnesses cooperating with the government. The site posts their names and mug shots, along with court documents detailing what they have agreed to do in exchange for lenient sentences….

Federal prosecutors are furious, and the Justice Department has begun urging the federal courts to make fundamental changes in public access to electronic court files by removing all plea agreements from them — whether involving cooperating witnesses or not.  “We are witnessing the rise of a new cottage industry engaged in republishing court filings about cooperators on Web sites such as www.whosarat.com for the clear purpose of witness intimidation, retaliation and harassment,” a Justice Department official wrote in a December letter to the Judicial Conference of the United States, the administrative and policy-making body of the federal court system.  “The posting of sensitive witness information,” the letter continued, “poses a grave risk of harm to cooperating witnesses and defendants.”…

Judge John R. Tunheim, a federal judge in Minneapolis and the chairman of a Judicial Conference committee studying the issue, acknowledged the gravity of the safety threat posed by the Web sites but said it would be better addressed through case-by-case actions.  “We are getting a pretty significant push from the Justice Department to take plea agreements off the electronic file entirely,” Judge Tunheim said.  “But it is important to have our files accessible. I really do not want to see a situation in which plea agreements are routinely sealed or kept out of the electronic record.”