... over what he felt were misrepresentations of the record by federal prosecutors in their secret filings to the appellate court over the ultra-secret Thomas Kontogiannis case...
From the reporters' committee for freedom of the press:
http://www.rcfp.org/newsitems/index.php?i=7114Judge: prosecutors mischaracterized record in secret briefs
A federal judge presiding over the prosecution of Thomas Kontogiannis, a friend of former Congressman Randall "Duke" Cunningham, released a previously-secret brief last week in which he criticized government prosecutors for “mischaracteriz substantial, relevant portions of the record” in their filings before an appellate court.
The brief was unsealed over vigorous government objections.
U.S. District Judge Larry Burns filed the brief more than a year ago in the U.S. Court of Appeals in San Francisco (9th Cir.) It remained sealed until October, when the court of appeals granted a motion by Copley Press Inc., publisher of The San Diego Union-Tribune, to publicly release the document.
...
“Mischaracteriz… the record”
When Burns released his brief on Oct. 28, without any redactions, it turned out not to contain the type of sensitive details that the government claimed. Rather, the 15-page brief was an indictment of the government’s behavior before the appellate court.
In the introduction to the brief, Burns said he was compelled to take the unusual step of filing his own brief because the government’s petition “omits and mischaracterizes substantial, relevant portions of the record in this case and merits amplification.”
...