FEDERAL RULES MUST ALWAYS BE ENFORCED

Prosecutor Misses Point By Snubbing Sheriff's Office

The News Journal's predictable criticism of my office's decision to
discontinue federally prosecuting cases from the Escambia County Sheriff's
Office misses the mark and several critical facts along the way.

The rules of the federal district court provide that in federal cases law
enforcement officers may not disseminate without court authorization
information that is not part of the public record. Period. This is one of
the laws I am sworn to enforce.

Sheriff Ron McNesby has advised me personally, and my supervisory staff,
that he will not abide by this federal district court rule. His position
was unequivocal. He told me directly that "I am the elected sheriff ... I
will not be bound by your rules."

The decision to discontinue taking cases is not about Sheriff McNesby's
long line of past violations, which includes the unauthorized disclosure of
the identity of a former federal informant whose safety was jeopardized by
the sheriff's comments. The decision not to bring cases from the Escambia
County Sheriff's Office into federal court is based upon the sheriff's
assertion that he will not follow federal court rules. All that is required
for Sheriff McNesby's cases to be brought into federal court is for the
sheriff to agree to abide by the rules every other law enforcement officer
in this district follows.

Apart from moving to have the sheriff held in contempt the next time he
violates the rule, there is no other way to ensure that federal court rules
are enforced.

As for the News Journal's exhortation that the U.S. attorney needs to do
his job, I can only say: look at the law. Enforcing it is my job. That is
precisely what I am doing, and will continue to do.

Gregory R. Miller is the U.S. attorney for the northern district of Florida.