Human Rights Alert
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11-01-20 Corruption of the courts and the legal profession in El Paso – Sealed in the Heart ofTexas
“Public corruption is prevalent in the United States… Public corruption also is a Texas tradition”
Los Angeles, January 20 –
the ongoing corruption scandal in El Paso, Texas, continues for the fourth year. Inparallel,
USA v Ketner et al
(3:06-cr-01369) in the US District Court, Western District of Texas, continues,sealed, for the fourth year.Media’s efforts to unseal the case remain denied by US Judge Frank Moltalvo.Texas Media claim that it is the largest public corruption case in the history of the United States.In denying denying media’s Motion to Intervene and justifying the ongoing sealing in the case, where a judge is judging corrupt judges, Judge Frank Montalvo in his May 28, 2008 Memorandum Opinion and Order states:
b. The Public's Common-Law Right of Access
American courts recognize a general right to inspect and copy public records anddocuments, including judicial records and documents. "It is uncontested, however, that theright to inspect and copy judicial records is not absolute. Every court has supervisory power overits own records and files, and access has been denied where court files might have become avehicle for improper purposes.It is difficult to distill from the relatively few judicial decisions acomprehensive definition of what is referred to as the common-lawright of access or to identify all the factors to be weighed indetermining whether access is appropriate. The few cases thathave recognized such a right do agree that the decision as to accessis one best left to the sound discretion ofthe trial court, a discretionto be exercised in light of the relevant facts and circumstances ofthe particular case. 
41 Nixon v. Warner Communications, Inc.,
435 U.S. 589, 597 (1978).
see also Belo Broadcasting Corp.
654 F.2d 423 (5th Cir. Unit A 1981)("'Because no clear rules can be articulated as to when judicial records should be closed to the public,the decision to do so necessarily rests within the sound discretion of the courts, subject to appellatereview for abuse."') (quoting
551 F.2d 1252, 1260 (D.C. Cir 1976».
In denying on October 14, 2008 media’s second Motion to Intervene, Judge Montalvo’s provides the quote:
"[W]hile all deception requires secrecy, all secrecy is not meant to deceive."
Obviously, in the ongoing El Paso, Texas, sealed court corruption case, the public would not be able to discernwhich of the two it is.______
USA v Ketner et al -
Memorandum Opinion and Order in re: Carl Starr’s Motion to Intervene …….
USA v Ketner et al -
Memorandum Opinion and Order in re: El Paso Media Group’s Motion to Intervene ……
3. 08-04-17 Details of El Paso public corruption cases remain hidden _ Texas Civil Rights Project …….
4. 08-10-17 Montalvo denies NPT but unseals court's corruption case transcripts - Newspaper Tree El Paso …….
5. 08-10-20 RCFP_ Court unseals more documents in secret El Paso corruption case …….
6. 08-11-01 RCFP_ Sealed in the heart of Texas …….
7. 08-11-23 Public Corruption in El Paso, Texas, Reaches $2.1 billions …….