A lawyer for John Doe says a federal judge should not have ruled to make the names of unindicted co-conspirators public.
NEWARK -- A federal judge erred in ordering the public release of the names of the Bridgegate uninidicted co-conspirators, misunderstanding how the publicity would violate the individuals' privacy, a lawyer for an anonymous unindicted co-conspirator said in a court filing Monday.
Jenny Kramer, a former prosecutor representing "John Doe," the anonymous individual who federal prosecutors say is someone who either was allegedly involved in the Bridgegate plan or its coverup but not charged, asked the Third Circuit Court of Appeals in the brief to keep his name secret.
Doe's desire to remain anonymous outweighs the public's right to information in a court proceeding, it said.
Her filing said U.S. District Judge Susan D. Wigenton made three legal errors in determining that the names of the unindicted co-conspirators could be released.
Wigenton incorrectly ruled that the names of Bridgegate unindicted co-conspirators could be made public because they "had a diminished or non-existent right of privacy because of their public status and the media's extensive coverage of Bridgegate," the brief says. "But that reasoning simply misunderstands the nature of the 'privacy' right at issue, which is the right not to have one's reputation and career needlessly ruined."
In addition, the Doe filing says the list of unindicted co-conspirators was "a mere discovery letter" that is not subject to First Amendment and common-law right of access.
Who else knew about Bridgegate?
Wigenton mistakenly concluded that the names were part of a "bill of particulars," which would be part of the public record, it said.
The names, which were in a letter that never was filed in the court, were given to Bridgegate defendants Bill Baroni, ex-deputy executive director of the Port Authority of New York and New Jersey and Bridget Anne Kelly, former deputy chief of staff for New Jersey Gov. Chris Christie, "only for purposes of trial preparation," it said.
Finally, Doe argued that publicizing the names would violate the individuals' right to due process by branding them as criminals "without any compelling governmental justification."
A consortium of news organizations, including NJ Advance Media, is seeking the release of the names, saying they are part of the public record in the court case over the alleged politically motivated scheme to choke Fort Lee in traffic in 2013 by closing off several access lanes to the George Washington Bridge.
The news organizations have until the end of the week to file a reply to Doe's brief.
After a second filing by Doe, the appellate court will hear oral arguments in the case June 6.
The briefs and arguments in the John Doe case are occurring in the public domain after the Third Circuit on Friday decided that the arguments should not stay behind closed doors.
Tim Darragh may be reached at tdarragh@njadvancemedia.com. Follow him on Twitter @timdarragh. Find NJ.com on Facebook.