The Federal Bureau of Investigation is doubling down on its insistence that an “ongoing” criminal investigation prevents the agency from releasing Covenant Presbyterian School killer Audrey Elizabeth Hale’s manifesto, according to a response filed this week in federal court.
Star News Digital Media Inc., parent company of The Star News Network and The Tennessee Star, filed a federal lawsuit in May demanding the FBI turn over Hale’s manifesto and related writings. The 28-year-old woman who identified as a transgender male, stormed into the Nashville private elementary school on March 27 and fatally shot three 9-year-olds and three staff members. Hale was killed by responding police officers.
The Nashville Metropolitan Police Department (MNPD) has said Hale “acted totally alone.” Yet, local police and the FBI continue to insist that the investigation — or a criminal procedure — is ongoing. The law enforcement officials assert they do not have to release the documents under state and federal public records law, pointing to provisions related to ongoing investigations.
“Both the MNPD and FBI investigations are active and ongoing,” Alexander W. Resar, trial attorney for the U.S. Department of Justice wrote in a response to The Star News Network’s motion seeking summary judgment and the immediate release of Hale’s manifesto. The lawsuit is being heard in the U.S. District Court, Middle District of Tennessee-Nashville Division.
MNPD officials claim their investigation, which could take up to a year to complete, is looking into whether other people were involved in planning the shooting or obtaining the weapons used in the shooting, and if related crimes were committed or were being planned.
“Likewise, the FBI continues to investigate potential federal crimes, which could include whether underlying bias provided motivation in the attack, or if any co-conspirators or like-minded contacts were involved,” Resar wrote. “Because of these ongoing investigations, the FBI determined that disclosure of the requested documents ‘could reasonably be expected to interfere with enforcement proceedings’ and withheld all responsive records under [Freedom of Information Act] Exemption[s].”
Resar asked the court to hold that the records are “categorically exempt” under federal law. If the court, however, grants the plaintiffs summary judgment and demands Hale’s writings be made public, DOJ wants the court to “allow the FBI to withhold portions” of the records under federal law that prohibits the disclosure of “records or information compiled for law enforcement purposes” that “could reasonably be expected to constitute an unwarranted invasion of personal privacy.”
Dan Lennington, attorney for the Wisconsin Institute for Law & Liberty, the Milwaukee-based civil rights law firm representing The Star News Network in the lawsuit, said the FBI’s arguments are driven by speculation. He notes DOJ uses the word “potential” several times in its brief.
“The FBI filed dozens and dozens of pages in federal court describing why they are withholding the manifesto but failed to provide any justification for their ongoing investigation other than their interest in continuing to look at the documents,” Lennington said.
While Nashville police have said they would be open to releasing some redacted records, the FBI isn’t interested in releasing anything.
“We’re pleased that the Nashville Police Department has agreed that the manifesto can be at least partially released and hope the FBI takes a similar position,” the attorney said.
The Star News Network has three weeks to respond to the Department of Justice’s latest claims.
The Star is a plaintiff in a similar lawsuit against MNPD and Metro Nashville government.
Davidson County Chancellor I’Ashea Myles has rescheduled a show cause hearing on whether to release Hale’s manifesto for later this month.
A state appeals court is deliberating on whether Covenant Presbyterian Church, its Christian school and parents of students should be allowed to intervene in the lawsuit. Myles has ruled that they should be able to. The intervenors want to stop the release of Hale’s writings. Plaintiffs, including The Tennessean, the Tennessee Firearms Association and the National Police Association, argue that letting the parties into the lawsuit, like blocking the public’s access to the records, is a dangerous and slippery slope that could have a chilling effect on Tennessee’s public records laws.
Read U.S. Attorney Alexander Resar’s response brief:
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M.D. Kittle is the National Political Editor for The Star News Network.
Background Photo “Audrey Hale” by Metro Nashville Police Department.
The joyless, warped Manifesto of these pitiless souls is likely too frightening to behold. Someone fears ‘me, too!’ killings will proliferate.
We already pretty much know the tactics the murderer used so they wouldn’t be giving much away in that area. The other possibility it would reveal just how pervasive her mentality is or perhaps HOW she was manipulated by outside influences.
FBI IN On crimes right
Maybe they’re searching for the right font…