I read with amusement that the Attorney General has hired an attorney who takes the position that a grand jury subpoena of a government agency isn’t subject to the Freedom of Information Act.  Where do they find these people?

I have a hard time believing the State, if sued, wouldn’t back down.  At the same time, I wonder if the Charleston Gazette will sue given that their reporters almost certainly have multiple copies already.  Why do I think that?  Thanks to the power of mass email, many people in Charleston’s legal community have copies, and I doubt the sharing stopped there.

A far more interesting legal issue: If the reporter submitted a FOIA request that followed verbatim the language in the grand jury subpoena, while not referencing the subpoena itself, would the State have to share all the documents, etc. it turned over to the grand jury?  My best guess is yes, unless some exception to FOIA were applicable for a requested item.

Meanwhile … the sentencing of Mr. Diehl has been delayed until October.  An October surprise?