On August, 17 2007 the Denver Post (Post) filed a motion in the U.S District Court for the District of Colorado seeking the release of redacted transcripts of seven closed CIPA hearings held in the Joseph Nacchio insider trading trial. The Post argued that the public was entitled to any “transcripts of judicial hearings conducted in connection to criminal cases.” The Denver Post, Request of the Denver Post for Release of Redacted Transcripts of Closed CIPA Hearings, August 17, 2007. Further, and perhaps more importantly, the release of the transcripts needed to be made in a timely fashion, stating the law calls for “contemporaneous” release of the transcripts and arguing that hearings occurred mid-2006 and the transcripts had yet to be released. Id.
The Government refused to concede any of the legal arguments "raised by the Denver Post in their motion nor whether their motion is proper” but did agree to make the redacted transcripts available October 3, 2007. The Government needed the delay to review the transcripts stating that counsel from the agencies responsible for the classified information in the case had been reviewing the transcripts. The Government did not name these "agencies" responsible for CIPA issues. United States Response to Request of the Denver Post for Release of Redacted Transcripts of Closed CIPA Hearings, September 19, 2007.
As for the position taken by Mr. Nacchio, he declined to take any position on the release of the CIPA transcripts with the classified information redacted. Nacchio, Response by Mr. Nacchio to Request by the Denver Post for Release of Redacted Transcripts of Closed CIPA Hearings, September 19,2007.