A social media source provided both the Record and Marion Vice Mayor Ruth Herbel with information about an alleged drunk driving incident involving Newell. The source said the information had been obtained from a public website. Unable to verify this and suspecting the leak had occurred as part of a legal fight between Newell and her estranged husband, the paper decided that it shouldn’t publish the information. (“We thought we were being set up,” Record co-owner Eric Meyer told the Kansas Reflector in the wake of the raid.)
But “without naming Newell,” Meyer eventually “notified [Marion County] Sheriff Jeff Soyez and [Marion Police Chief Gideon] Cody that the newspaper had received the information and that the source who provided it alleged that law enforcement officers knew Newell did not have a valid driver’s license and ignored her violation of the law,” according to the Record.
Police alerted Newell, who at an August 7 council meeting publicly accused the paper of illegally obtaining information about her and illegally disseminating it to the vice mayor, who allegedly shared the information with a city administrator considering Newell’s application for a catering liquor license.
“After the council meeting, Newell acknowledged” that “the state suspended her license because of a drunken-driving conviction in 2008 and a series of other driving convictions,” reports the Record, which responded to Newell’s public accusations by publishing a story last Thursday about the situation.
On Friday, city and county police raided the Record‘s office, “forcing staff members to stay outside the office for hours during a heat advisory” and disallowing them from making any phone calls, the paper reported. They seized the newspaper’s file server as well as “personal cell phones and computers” and “other equipment unrelated to the scope of their search.”
Herbel’s home was also raided, as were the homes of Joan and Eric Meyer.
According to the paper, the search warrants “alleged there was probable cause to believe that identity theft and unlawful computer acts had been committed involving Marion business owner Kari Newell.” But when a Record reporter requested a copy of the probable cause affidavit necessary for such a warrant, the district court reportedly “issued a signed statement saying no affidavit was on file.”
“Based on the reporting so far, the police raid of the Marion County Record on Friday appears to have violated federal law, the First Amendment, and basic human decency. Everyone involved should be ashamed of themselves,” Seth Stern of the Freedom of the Press Foundation declared in a statement.
It’s unclear exactly what police were looking for in the raid on the Record office or its owners’ homes. But if the situation laid out by the Record is accurate, its staff did nothing wrong and should not be being treated like criminals. They absolutely have a right to investigate information leaked to them, no matter where that information originally came from. And they certainly have a right to question or notify police about what they were told.
Nor is a raid on the newspaper office justified if police were investigating criminal wrongdoing by a third party. If the aim was to obtain the identity of the source who provided the information about Newell, police could have questioned the vice mayor, subpoenaed records from the social media company, or subpoenaed records from the paper—all paths that don’t involve literally raiding a press outlet, seizing its servers, and taking reporters’ computers and phones.
At best, that would be an illegal overreaction to allegations of criminal wrongdoing by a third party. But the fact that the Record‘s leadership came to police with accusations about law enforcement corruption not long before the raid suggests something worse may have been afoot: retaliation, intimidation, or an attempted cover-up.
Eric Meyer told the Reflector the message was clear: “Mind your own business or we’re going to step on you.”
Meyer “believes the newspaper’s aggressive coverage of local politics and issues played a role,” reports the Associated Press. “He said the newspaper was examining Cody’s past work with the Kansas City, Missouri, police as well.”
The raid has received national attention—and further reason to believe police were targeting the paper or its staff.
“Cody, the police chief, defended the raid on Sunday, saying in an email to The Associated Press that while federal law usually requires a subpoena—not just a search warrant—to raid a newsroom, there is an exception ‘when there is reason to believe the journalist is taking part in the underlying wrongdoing,'” the AP reports. “Cody did not give details about what that alleged wrongdoing entailed.” |