On June 20, 2023, the Special Committee of the Judicial Council of the Federal Circuit that is investigating a complaint identified against Judge Pauline Newman issued an Order denying Judge Newman’s request to make a July 13 hearing open to the public, but said it would consider publishing a redacted transcript of the hearing that protects witnesses’ identities. However, as of today, August 1, no transcript has been made available. In a Clause 8 interview published earlier today, Judge Newman’s counsel said he is under a secrecy order with respect to discussing the hearing but hinted that the process did not allow for a mutual exchange and was rather more akin to an oral argument. So, as difficult as it is to believe, perhaps the better question is “if” the Federal Circuit’s Special Committee will release a transcript at all—ever.
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