Experts criticize Marshals for secret arrests
The U.S. Marshals Service is facing criticism after refusing to release the names of dozens of violent fugitives arrested in Vermont. The law-enforcement agency says doing so would invade the privacy of those captured.
Traci Griffith, a media law and ethics professor at St. Michael's College in Colchester, called the reasoning by the marshals service "B.S."
Privacy of the accused is no reason for withholding basic information, and courts have agreed that such details, including names and charges, can be provided to the public, said Griffith, a law-school graduate.
"There are totalitarian regimes that round up people and nobody gets information about who they are, where they are or what they've been accused of," Griffith said.
"Is that the kind of government we want?"
David E. Demag, the U.S marshal for Vermont, said 41 fugitives were arrested in the Green Mountain State during a nationwide sweep from March 2 to April 10. Of them, 21 were considered violent offenders.
Demag balked when asked by the Burlington Free Press to provide the names, ages, addresses, charges faced and locations of the arrests. He also refused to release mugshots of those arrested.
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The Burlington Free Press filed a formal request for the information under the federal Freedom of Information Act earlier this week. William E. Bordley, associate general counsel for the Marshals Service, wrote in a letter to the Free Press that releasing the names of the arrested fugitives and the charges they face would be improper.
"Absent a written release from the subject(s) of your request, your request is denied," Bordley wrote. He wrote that the release "could reasonably be expected to constitute an unwarranted invasion of personal privacy."
That response drew reactions Friday from a wide range of legal minds, including U.S. Sen. Patrick J. Leahy, D-Vt.; FBI Director James Comey; and First Amendment lawyers.
Leahy told reporters he was baffled to read a Burlington Free Pres article about an April 17 news conference that indicated the Marshals Service had refused to release the names and other details of those arrested.
"The general rule should always be to disclose," Vermont's senior senator said.
Leahy said he expected to see Demag later Friday and planned to ask about the situation. Demag, a former Burlington police detective, worked with Leahy in the senator's former job as Chittenden County state's attorney. Leahy recommended Demag for the federal post.
Leahy said as a state prosecutor he believed in the prompt release of arrest information. In a few cases he said information could be delayed if a search warrant were going to be conducted.
Comey, who was in Vermont with Leahy for meetings, was asked during a news conference about the secret arrests and his beliefs regarding transparency.
The FBI's leader said he was unaware of the six-week sweep or related details.
"I am a big fan of transparency and the rule of law," Comey said.
Sometimes information in criminal cases is restricted due to court limitations, grand jury proceedings or the involvement of juveniles, he added.
When told those arrested were adults and were wanted on outstanding warrants, Comey replied: "In general, where I can, consistent with the rule of law, I want the American people to see our work."
During the April 17 news conference at the federal building in Burlington, the Marshals Service, along with state and local law-enforcement agencies, announced the Vermont efforts as part of Operation Violence Reduction, a national six-week search for fugitives.
The initiative targeted fugitives wanted for violent crimes, including murder, attempted murder, manslaughter, robbery and sexual assault.
Vermont law says the names of people arrested on state charges are considered public record and must be disclosed. The Vermont Supreme Court also ruled more than 30 years ago that the names of people issued citations to appear in criminal court also must be disclosed.
That is not the case under federal law, said Greg Sullivan, a First Amendment lawyer in New Hampshire.
Sullivan pointed to a case he argued in 2011 when an agency picked up more than 2,000 people living in the country illegally who were committing crimes, including six in New Hampshire. The names were withheld in that case, too, he said, because federal law does not require disclosure.
"It would be nice if there was a federal law that said when you arrest someone, you have to say who it is," said Sullivan, a board member of the New England First Amendment Coalition.
The Marshals Service in Vermont provided only broad information about where fugitives were arrested.
U.S. Deputy Marshal Mike Barron said the majority of arrests were made in the Chittenden County region.
Several fugitives also were found in Addison and Rutland counties.
Contributing: Mike Donoghue, Free Press. Contact Haley Dover at 660-1850 or hdover@freepressmedia.com. Follow Haley on Twitter at www.twitter.com/HaleyRDover.