Yashar Ali 🐘+ Your Authors @yashar New York Magazine/HuffPost Contributor Email: [email protected] Direct Messages Open Text/Call/Signal/Confide/WhatsApp: 310-795-2497. Agents: UTA May. 21, 2019 9 min read + Your Authors

1. On May 10, journalist @bryanccarmody was awoken when @SFPD raided his home with a sledge hammer and guns drawn. They were there to seize his equipment and confidential work material after he refused to divulge who is confidential source was.

2. Weeks earlier, two detectives from @SFPD internal affairs interviewed @bryanccarmody to ask him who leaked a police report to him about the death of longtime SF Public Defender Jeff Adachi's untimely death. Carmody refused to share who his source was  https://cnn.it/2w7hAZC 

3. As a reporter, @bryanccarmody was ethically bound to protect his source because he had promised them confidentiality when they leaked the report. California's reporter shield law also protects him from being forced to divulge a confidential source  https://cnn.it/2w7hAZC 

4. @SFPD cuffed Carmody for six hours, seized tens of thousands of dollars worth of equipment, and they seized his confidential work material. They did all of this with the consent of two San Francisco Superior Court judges who signed off on the warrant.  https://cnn.it/2w7hAZC 

5. Quick background: On February 22, longtime SF Public Defender Jeff Adachi passed away at 59. Many in the city were shocked by the news. Jeff was beloved by many (he had his enemies: law enforcement was no fan), and he loved working out.  https://cnn.it/2w7hAZC 

6. The first statements out of SF Mayor @LondonBreed's office said that Adachi was dining with a friend, had a hard time breathing, and was rushed to the hospital by paramedics.  https://cnn.it/2w7hAZC 

7. But as we would learn later...that statement left out a lot of information. The next day I received a text from a confidential source of my own. They told me that Adachi actually died in an apartment of a friend and was with a woman who wasn't his wife.  https://cnn.it/2w7hAZC 

8. The source also told me that drugs were involved in his death. I wasn't the only reporter getting tips. @bryanccarmody obtained a copy of the police report which revealed many of the details that my source had shared with me.  https://cnn.it/2w7hAZC 

9. @bryanccarmody is what's known as a stringer. He collects reporting and provides it to news organizations. He is not a source, he is a journalist. Carmody gave his reporting on Adachi's death, including the police report, to three Bay Area news stations  https://cnn.it/2w7hAZC 

10. Reporters often obtain material from people who are breaking the law by providing it. There is nothing illegal about this, reporters do all the time...in fact some of the most reporting in the last century came from sources breaking the law.  https://cnn.it/2w7hAZC 

11. Adachi's wife and some San Francisco Supervisors (like the city council) were outraged and demanded an investigation into who leaked the police report to @bryanccarmody. SFPD was under pressure since it was leaked from their department and they had a rep for hating Adachi

12. There's nothing unusual or wrong with a government agency looking into leaks, but what they normally do is try to track down the leaker, they don't raid a reporters home and steal their confidential work material. But that's exactly what happened  https://cnn.it/2w7hAZC 

13. The California Shield Law is clear, it "protects the identity of sources (whether promised confidentiality or not), information that might lead to the identity of sources, and unpublished information obtained or prepared in the course of newsgathering activities."

14. SFPD violated the law with this raid & seizure, the 2 judges should not have signed off on the warrant. So you think there would be outrage from SF elected officials who constantly call out Trump's anti-press rhetoric & civil liberty violations? Nope!  https://cnn.it/2w7hAZC 

15. Take a look at how Mayor @LondonBreed and SF Supervisor @SandraLeeFewer reacted to the illegal search and seizure.

This is a classic case of do as I say not as I do. Hypocritical at best.

And Supervisor Fewer's statement is an outright lie.


16. Of course, after a lot of criticism, @SandraLeeFewer walked back her statement a bit by noting, "The truth is, I'm not a legal expert."

And on Sunday Mayor @LondonBreed walked back her initial statement...but just a bit.

But Mayor Breed didn't say enough.

17. Notice how she still says it was legal and warranted? But then contradicts herself in the next tweet? Why didn't Mayor @LondonBreed come out and say that the warrant should have never been signed off on? Because it's inconvenient for Mayor Breed to admit that.

18. Two SF elected officials condemned the raid from the start (not after public pressure ramped up). @SpeakerPelosi and Supervisor @HillaryRonen. State elected officials (remember the reporter shield law is a CA state law) have largely remained silent  https://cnn.it/2w7hAZC 

19. Today, @bryanccarmody will be in court asking a Judge to "quash and revoke" the warrants and order the return of his equipment. A group representing reporters will also be asking a judge to unseal the applications for the warrant so they can learn how they were obtained

20. The illegal search of @bryanccarmody's home and illegal seizure of his confidential work material was a stunning attack on press freedoms and the reason I keep tweeting and writing about this (in my piece below) is that it hasn't drawn enough outrage.  https://cnn.it/2w7hAZC 

21. A journalist's right to protect their sources is critical to any democracy. If confidential sources don't feel like they are going to be protected, they won't share critical, newsworthy information with reporters about powerful people/organizations  https://cnn.it/2w7hAZC 

22. Not only should @bryanccarmody's equipment be returned, he, and the public, are owed an apology from the SFPD, the two judges who signed the warrant, @LondonBreed, and @SandraLeeFewer.

23. SFPD has held onto @bryanccarmody's equipment for too long to make it usable. He needs to replace all of his equipment and there is a @gofundme setup to support him.  https://www.gofundme.com/journalist-raided-by-police-support-1st-amendment 

24. I'll be updating this thread with news from his court hearing today and as I mentioned Friday, if you're outraged when White House reporters are mistreated, you must be outraged and condemn the illegal actions of the SFPD and the endorsement of them by @LondonBreed and others

25. San Francisco reporters: have any members of the California legislature spoken out against this illegal search and seizure?

26. Great point from @sfpelosi. I knew Jeff well enough to know that he would have been outraged by this action.

27. Important to note: @SFPD conducted this raid without consulting with SF District Attorney @GeorgeGascon who has condemned it. Police Chief William Scott has stood by the decision to raid @bryanccarmody's home & seize his equipment/confidential work material.

28.BREAKING: The judge did not make any rulings today. Either to quash the search warrants or to unseal the warrant applications. He has ordered both sides to file briefs and return for a hearing in June.

Meanwhile, the SFPD is returning @bryanccarmody's equipment.

29. Even though the SFPD is returning @bryanccarmody's equipment today, a journalist can't trust electronic equipment that has been in the hands of law enforcement.

Please support this @gofundme so that Bryan can buy new equipment.

30. This delay by the judge is terrible. Confidential sources are the lifeblood of any democracy and to delay his ruling until mid-June is unnecessary and could have a chilling effect on sources speaking to journalists.

31. Will members of the California legislature say anything about this violation of California's Shield Law or are they protecting their colleagues in power?

Let's see...

@BuffyWicks @Rendon63rd @PhilTing @Scott_Wiener @Evan_Low @DavidChiu

32. Noted first amendment attorney @BoutrousTed agrees that the judge delaying a ruling on a clear violation of the law is unnecessary. This sets a dangerous precedent.

33. Statement from journalist @bryanccarmody - scroll up to learn more about what happened to him.

34. What?! @SFPD is looking into conspiracy charges against journalist @bryanccarmody? Just yesterday the District Attorney of SF condemned the raid and said he wasn’t looped in.

35. NEWS: In a press conference just now, @SFPD Chief Scott announced that journalist @bryanccarmody is the subject of a conspiracy investigation. Chief Scott attempted to sully the reputation of Carmody without providing an ounce of evidence.

36. Chief Scott also showed that he misunderstands the role of stringers and freelance reporters in collecting reporting to give to news organizations. The @SFPD is attempting to repair its reputation by putting a journalist in its crosshairs.

37. Updates from the @sfchronicle

38. This was the most extraordinary part of the press conference for me.

39. Assemblyman and former San Francisco Supervisor @DavidChiu is the first California State elected official to speak out against the raid conducted by SFPD of journalist @bryanccarmody's home. California's shield law protects journalists from such raids

40. Here are some California State electeds who have not made public statements on this clear violation of CA's shield law.


41. Sen @KamalaHarris is the first California statewide elected official to speak out on the SFPD raid of journalist @bryanccarmody's home. During that raid, Carmody's equipment and confidential work material was seized violating California's shield law


42. California State Senator @Scott_wiener calls the SFPD raid of journalist @bryanccarmody's home "absolutely wrong."

43. NEWS: CA Governor @GavinNewsom has released a statement on the SFPD raid of journalist @bryanccarmody's home after he refused to divulge his confidential source. Carmody's confidential work material was seized during the raid.

Disclosure: I worked for Newsom for many years

44. San Francisco Chronicle Editorial Board: SFPD chief’s credibility at stake in raid on journalist


45. This is Speaker Pelosi's second statement on press freedoms with respect to the @bryanccarmody case. A couple days after the raid she talked about the import of journalists being able to protect their confidential sources

Moments ago she tweeted this

46. Some News: Keker, Van Nest & Peters has agreed to represent journalist @bryanccarmody on a pro-bono basis.

John Keker is a legendary trial lawyer with a well-earned reputation for being a ferocious advocate for his clients.

47. California Assemblywoman @BuffyWicks speaks out against the raid of journalist @bryanccarmody's home and the seizure of his equipment and confidential work material.

Experts believe the raid/seizure was a violation of California's shield law.

48. NEWS: I’m a stunning turn of events, San Fransisco Police Chief Bill Scott says SFPD shouldn’t have raided journalist @bryanccarmody’s home.

“I’m sorry that this happened. I’m sorry to the Mayor. I’m sorry to the people of San Francisco.”


49. NEWS: The SF Police Officers Association, the union representing SFPD officers, is calling on Chief Bill Scott to resign. SFPOA says Scott did not inform Sergeant who was authoring the search warrant application that @bryanccarmody was a credentialed member of the press

50. Outrageous! We've known that SFPD likely conducted an illegal search/seizure at journalist @bryanccarmody's home after he refused to reveal who a confidential source was. Tonight, we've learned SFPD also executed a warrant to obtain his phone records!  https://www.sfchronicle.com/crime/amp/Adachi-leak-case-Police-executed-seven-search-13902425.php?__twitter_impression=true 

51. 🚨🚨🚨

Big news! A judge has quashed the search warrant used to raid journalist @bryanccarmody’s home!

The judge who signed the warrant allowing the raid and seizure of his equipment/reporting material was not told that Bryan was a journalist!


You can follow @yashar.


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