By Eugene Volokh

Copyright reason

On April 11, 2025, Plaintiff filed an application to conduct discovery for use in contemplated foreign criminal and civil proceedings pursuant to 28 U.S.C. § 1782. Shortly thereafter, the Clerk’s Office sealed this case, based upon guidance provided to Clerk’s office employees that cases of this nature should generally be opened under seal. On May 23, 2025, the Court granted Plaintiff’s application….

Plaintiff argues the Court should unseal this case in its entirety because there is no compelling reason to maintain the seal. Plaintiff contends there is no confidential information in any of the Court filings and argues the presumption of access to judicial records should therefore prevail….

In general, “compelling reasons” sufficient to outweigh the public’s interest in disclosure and justify sealing court records exist when such “court files might have become a vehicle for improper purposes,” such as the use of records to gratify private spite, promote public scandal, circulate libelous statements, or release trade secrets. However, “[t]he mere fact that the production of records may lead to a litigant’s embarrassment, incrimination, or exposure to further litigation will not, without more, compel the court to seal its records.”

Here, Defendants argue Plaintiff will “use and misconstrue the Court’s records and orders to perpetuate an ongoing false scandal” to advance the re-election prospects of politicians in Malawi. Defendants contend the scandal allegedly perpetuated by the Malawian government threatens the future of their business and the livelihood of their employees. Defendants argue the government of Malawi has been using false accusations against them “to whip up public scandal” for years, and have recently resurrected these allegations in the run up to Malawi’s 2025 presidential election. Defendants argue Plaintiff has already used and misconstrued the Court’s rulings for political purposes, citing an article published on a Malawian news website that quotes from the Court’s sealed order granting Plaintiff’s application to conduct discovery pursuant to 28 U.S.C. § 1782. {Plaintiff and Plaintiff’s counsel both deny sharing the Court’s order with any third parties.}