What Happens at Emperor's Club Stays at Emperor's Club

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Readers clamoring for the further sexual adventures of "Client 9" are in for a disappointment.

The U.S. Circuit Court of Appeals for the Second Circuit reversed a trial judge and decided that The New York Times has no 1st Amendment right of access to sealed wiretap applications concerning the government investigation of the Emperor's Club, a prostitution ring patronized by former NY Governor Elliot Spitzer.

In In re: Application of The New York Times Company to Unseal Wiretap & Warrant Materials(Docket Nos. 09-0854cv, 09-1164), the appellate court concluded that the Times has not shown “good cause” to unseal wiretap applications, orders, and related documents pursuant to Title III of the Omnibus Crime Control and Safe Streets Act.

The court noted that wiretap applications have not traditionally been open to the press or general public. In rejecting the lower court's finding that the documents sought by the Times were "judicial records" germane to the court's handling of the cases and of interest to the public, the appellate court said Congress' intent to preserve confidentiality and the privacy interests of those subject to the wiretaps trump any 1st Amendment interests.

Gov. Spitzer resigned within days of the March 2008, arrest of 4 persons charged with running the Emperor's Club prostitution ring and the disclosure that he was "Client 9" referred to in the investigatory materials.