Gibson Attorneys Win Order Requiring District Attorney Schmidt to Disgorge Personal E-mails and Text Messages

This release reports further developments in the federal district court suit against Multnomah County District Attorney Mike Schmidt for his continued selective, bad faith “riot” prosecution in violation of the First Amendment rights of Joey Gibson and Russell Schultz.

The U.S. District Court for the District of Oregon had previously ordered the District Attorney on September 30th to provide all “drafts” of his non-prosecution policy, and “any and documents referring or relating to retroactive application of the policy”.  Instead, the District Attorney stonewalled the production by arbitrarily limiting it to documents after August 1st, and excluding from the search the entire history of policy development with others ranging from his Transition Team of left-wing activist groups to the Mayor.

This morning, the Court ordered District Attorney Schmidt to search again for responsive documents, this time going back to May 25th and including all personal electronic devices.  The Court also ordered the Multnomah County District Attorney’s office to stop withholding records of all the riot cases it has dismissed.  The Court’s order is attached.

Mr. Lee says:  “We are pleased with the ruling.”

43 order on motion to compel

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