Court: Grand jury records from lynching can't be released

[Judi Lynn]

Source: Associated Press


Kate Brumback, Associated Press
Updated 10:55 am CDT, Monday, March 30, 2020

ATLANTA (AP) — The grand jury records from the 1946 lynching of two black couples in Georgia cannot be released despite their great historical significance, a federal appeals court said.

The 11th U.S. Circuit Court of Appeals in Atlanta ruled 8-4 that federal judges don't have authority to disclose grand jury records for reasons other than those provided for in the rules governing grand jury secrecy.

Roger and Dorothy Malcom and George and Mae Murray Dorsey were riding in a car on a rural road in July 1946 when a white mob stopped it at Moore's Ford Bridge, overlooking the Apalachee River. The mob dragged the young black sharecroppers to the river’s edge and shot them to death.

The slayings shocked the nation, and the FBI descended upon the rural community in Walton County, about 50 miles (80 kilometers) east of Atlanta. Following a monthslong investigation, more than 100 people reportedly testified before a federal grand jury in December 1946, but no one was indicted.

Read more: https://www.chron.com/news/us/article/Court-Grand-jury-records-from-lynching-can-t-be-15166209.php

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George and Mae Murray Dorsey, left
Roger and Dorothy Malcom, right

From last year:

Federal court allows for unsealing of transcripts that may help unlock answers to notorious 1946 'Moore's Ford' lynchings of two black couples in Georgia

By ASSOCIATED PRESS

PUBLISHED: 13:45 EDT, 11 February 2019 | UPDATED: 16:45 EDT, 12 February 2019

A historian who has spent years looking into the unsolved lynching of two black couples in rural Georgia more than 70 years ago hopes some answers may finally be within his grasp.

A federal appeals court on Monday upheld a lower court ruling to unseal the transcripts of the grand jury proceedings that followed a months-long investigation into the killings.

Roger and Dorothy Malcom and George and Mae Murray Dorsey were riding in a car that was stopped by a white mob at Moore's Ford Bridge, overlooking the Apalachee River, in July 1946. They were pulled from the car and shot multiple times along the banks of the river.

Amid a national outcry over the slayings, President Harry Truman sent the FBI to rural Walton County, just over 50 miles (80 kilometers) east of Atlanta.




A white farmer, Loy Harrison (pictured), paid $600 to bail Malcom out on July 25, 1946. He was
driving the Malcoms and Dorseys home, he told investigators, when he was ambushed by a mob.

More:
https://www.dailymail.co.uk/news/article-6692559/Court-upholds-order-unseal-records-notorious-lynching.html

[CottonBear]

1. I live not far from where this happened.

It is rumored, that there are witnesses to the murders who are still alive. They were children or young adults at the time.

Read the excellent book on the subject, Fire in a Canebrake by Laura Wexler:

http://www.fireinacanebrake.com/

[ck4829]

2. That's what I'm thinking... at least one person's still alive, and they don't want notoriety

[GeorgiaPeanut]

4. They can redact their testimony and release the rest correct?

Or is it an all or nothing thing?

[ck4829]

5. You'd think, right?

[Judi Lynn]

7. Oh, I think I remember reading about a young man, maybe with his friend who were hiding nearby.

Think they were children. Think of the trauma they were forced to endure their whole lives.

So glad to read your comments. What you have said really informs me to slow down in my reaction, as there may be precious people living who could be harmed, and only a racist monster would accept that.

Sounds as if no one will give up on this, and the truth will be known, in time.

Thank you, so much, CottonBear. It makes this stage a whole lot easier to understand than before. ❤️️

[GeorgiaPeanut]

3. If anyone here is a lawyer, perhaps they can explain

Seems like this is not the proper reason to disclose the testimony but there appear to be other legitimate reasons. Can one of those be used in a new claim for release?

[McCamy Taylor]

6. Some VIPs were there obviously

[Judi Lynn]

8. The face of that vicious, hate-driven P.O.S., Loy Harrison, tells us this was a very evil place.

All the monsters walked by day AND night, and no one dared to breathe unless he/she had their approval.

How did "people" get this vile?

[marble falls]

9. No one did it, and they'll never do it again unless they have to. ...

There's no reason to keep this in a sack.

[Nitram]

10. WTF! There can be no logical, legal, or constitutional reason not to release these records.

This is nothing less than a coverup. Just look at the state where this took place.

[The Magistrate]

11. Ridiculous Decision, Ma'am

Some judges need a good encounter with a clue-by-four....

[LTG]

12. There are very limited exceptions to the rule.

There are a very few, specific exceptions to the rule providing for the secrecy of grand jury proceedings. Outside of those specified exceptions, federal appellate courts, and I believe the Supreme Court, have ruled that that judges and the courts have no authority or power to go beyond those specific grounds.

This ruling is in line with most recent court opinions. To go beyond requires amending the rules. The importance of the historical record or the public’s right to know are not listed. A new criminal prosecution might allow it, but probably not as a pure fishing expedition.

The court might consider it after all alive at the time are dead, but even that might be doubtful.

This was the main potential block to releasing the Mueller grand jury records. An impeachment is considered a “court proceeding”, which would be an exception.

This wa the main reason for the defense questioning whether an actual impeachment process had actually begun, according to a strict following of the rules and precedent of the House.