Record of Berg's Writ of Habeas Corpus proceeding Scrubbed:

[Jacobin]

Federal courts have a subscription based electronic filing system for lawsuits called PACER. I queried the site for the Eastern District of Pennsylvania to try to locate the writ of habeas corpus filed by Mr. Berg's parents against Donald Rumsfeld.

The complaint seeking the writ has been scrubbed from the site. The only thing left is a summary of the dispositon of the case.

I wonder why that is? Lawsuits are required to be public unless there is an order for a specific purpose to seal them, for a legitimate purpose.

Here is what is left:


United States District Court
Eastern District of Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 2:04-cv-01497-MAM

BERG et al v. RUMSFELD
Assigned to: HONORABLE MARY A. MCLAUGHLIN
Referred to:
Demand: $
Lead Docket: None
Related Cases: None
Case in other court: None
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Date Filed: 04/05/04
Jury Demand: None
Nature of Suit: 530 Habeas Corpus (General)
Jurisdiction: Federal Question

Petitioner
-----------------------
NICHOLAS EVAN BERG, BY AND THROUGH represented by ALFRED A. GOLLATZ
GOLLATZ, GRIFFIN & EWING
213 WEST MINER STREET
P.O. BOX 796
WEST CHESTER, PA 19381-0796
610-692-9116
Fax : [phone]
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

MICHAEL S. BERG represented by ALFRED A. GOLLATZ
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

SUZANNE CAROL BERG, AS NEXT FRIENDS OF NICHOLAS EVAN BERG represented by ALFRED A. GOLLATZ
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.


Respondent
-----------------------
DONALD H. RUMSFELD, HONORABLE, SECRETARY OF DEFENSE


Filing Date # Docket Text
04/05/2004 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 903782.), filed by MICHAEL S. BERG, NICHOLAS EVAN BERG, SUZANNE CAROL BERG.(ss, ) (Entered: 04/05/2004)
04/09/2004 2 NOTICE TO MARK MATTER DISCONTINUED AS MOOT by MICHAEL S. BERG, NICHOLAS EVAN BERG, SUZANNE CAROL BERG As To HONORABLE DONALD RUMSFELD, CERTIFICATE OF SERVICE. (jl, ) (Entered: 04/09/2004)

[RoyGBiv]

1. I think...

This is probably a result of Berg being released on April 6, before the petition had even been heard. That would make it moot, as noted in the final lines.

I'm not sure of this, though.

[Jacobin]

2. Normally, you can click on a link to a case

and get a copy of all pleadings filed in adobe format.

The link is no longer operative and you can't get a copy of the writ.

That's not normal.

[Raven]

5. Even if the case has been mooted?

Would it be left on the system if it has been mooted?

[Jacobin]

6. Yes. I look at these things all day long

Eventually they are archived, but this link was removed quickly.
I wonder if this is part of what prompted Mr. Berg to say that Mr. Bush* is "not interested in democracy" or something close to that

[djg21]

8. It depends on the jurisdiction.

Many federal courts are just switching over to electronic filing, and did not scan documents before. I'm not sure what the District Courts in PA do. But this really is NOT unusual. You can always call the Court clerk to request copies of documents.

In addition, I've never encountered an attorney unwilling to provide papers that he/she has drafted and filed, especially when the attorney ultimately prevails!

Keeping this in mind, I have a hard time believing that the court documents were "scrubbed." The fact is that even if they were "scrubbed," they will be released sooner or later -- probably sooner!

[Jacobin]

9. They've had PACER for some time in this district

There is a link in the record to the writ. It was filed electronically in adobe format. It was available at one time.

The link has been disabled.

[djg21]

13. A more likely explanation . . .

is that PACER or the CM/ECF system lacks the server capacity to provide downloads to every single press organization and individual seeking copies of the Habeas petition.

How many times has DU been down, or available only to paying subscribers, as a result of inadequate server bandwith -- remember the fallout after the 2000 and 2002 elections.

Again, I really have trouble believing that the papers were "scrubbed." What's the point -- they are already "out there" and trying to suppress them now woul be a futile effort, not to mention, an huge embarassment.

[DavidFL]

16. Yes, the same is true for the Middle District of Florida...

and the District of Connecticut. Neither has upgraded their capabilities to provide all filings in PDF format through PACER. I believe one can only obtain PDF copies of those documents that have been electronically filed via the CM/ECF system. Otherwise, all one will get is the clerk's summary entries on a particular case. But I believe the MDF has been working toward upgrading its system toward eventually having all filings accessible through PACER.

[djg21]

3. You are correct.

There are no legally relevant "collateral consequences" stemming from the detention, and since he was released from custody, there was no further relief available through the habeas corpus proceeding. The matter therefore was "moot."

[Jacobin]

7. That does not mean that you scrub the

record.

These are public records.

[goclark]

4. Berg Connection?

I thought I saw a theory on DU that Berg may have been with the CIA.
Is that still just a wild theory?

[gulfcoastliberal]

10. Lets email Alfred Gollatz

And ask him why the writ has dissapeared and if he would mind providing a copy?

[thecrow]

11. Is PHIL BERG, the attorney for Mariani, related to Nick Berg?

http://buttersquash.net/archives/mariani.html

This is a suit that is being pursued presently.
Are the BERGs rleated in any way?
I notice that they are from a neighboring location in PA.

[slaveplanet]

14. someone contacted

Phil yesterday- the answer to your question is "NO"

[thecrow]

15. Thank you! n/t

[ElsewheresDaughter]

12. ahh the patriot act sure comes in handy.....everything about berg is being

scrubbed even newspaper articles