Late yesterday, federal Judge Kristine Baker ordered a videotaped deposition of Sen. Jason Rapert to proceed today in the lawsuit over the 10 Commandments monument he’s promoted on the Capitol grounds.
But, for now, the judge said only the plaintiffs who’d sought the deposition should have access to the videotaped deposition and it should not be released to others. She’s taken under advisement Rapert’s request that the deposition be sealed to all but counsel in the case because he fears clips from the videotape could be used to embarrass him.
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Significantly, access goes only to plaintiffs, including representatives of the American Humanists Association and people represented by the ACLU, and not intervenors, specifically the Satanic Temple, a particular source of Rapert’s ire. Counsel for plaintiffs will be responsible or maintaining confidentiality.
No copies shall be made of the video recording of Arkansas State Senator Rapert’s deposition except as provided by Order of the Court after reasonable notice to all parties, including counsel for Arkansas State Senator Rapert. This provision includes but is not limited to no copies of the video recording being made or distributed to any other counsel, parties, or third-parties in this litigation except as provided by Order of the Court. (5) This Order grants a temporary protective order, consistent with its terms. The Court has under advisement Arkansas State Senator Rapert’s motion (Dkt. No. 74). The disposition of the video recording of Arkansas State Senator Rapert’s deposition shall remain subject to further orders of this Court, and this Order is without prejudice to Arkansas State Senator Rapert’s right to petition this Court for further protection. The parties have not fully briefed this issue, and the Court will grant all parties the opportunity to do so before ruling on the motion.