Warrant allowing raid on Kansas newspaper withdrawn due to "insufficient evidence"

A Kansas newspaper that underwent a police raid last week has seen its confiscated equipment returned amid ongoing questions about the legality of the initial seizure. The Marion County Record, catering to a town of 1,900 residents, defiantly published its latest edition with the headline "SEIZED … but not silenced." The raid, conducted on August 11 by the Marion Police Department, resulted in the confiscation of computers, cellphones, and a server belonging to the newspaper's seven-person staff. Following the return of the equipment, doubts persist about the legality of the initial action.

Marion County Attorney Joel Ensey issued a statement on Wednesday confirming the withdrawal of the search warrant that had authorized the raid. Ensey cited "insufficient evidence" connecting the newspaper office and the seized items to the alleged crime being investigated by the police. He also called for the public release of the affidavit that had prompted the issuance of the search warrant.

The newspaper's publisher, Eric Meyer, expressed their unwavering commitment to publishing by stating, "We would rather die than not get published." The paper's staff worked tirelessly to ensure the publication of the weekly edition, utilizing old equipment to meet their deadline.

While the return of the confiscated materials was viewed as a positive step by Bernie Rhodes, the attorney representing the newspaper, he noted that the situation's complexities still needed to be addressed. Rhodes explained that his forensic expert had retrieved the materials and was working to confirm whether any information on the seized items had been accessed by the police. Despite the return of the materials, the situation remains unresolved, and Rhodes acknowledged that the pursuit of justice might be a gradual process.

The legality of the raid has prompted discussions about potential violations. Legal experts have pointed out potential conflicts with federal laws, including the Privacy Protection Act of 1980, as well as the 2010 Kansas reporters' shield law, which could have prohibited the seizure.

The raid extended beyond the newspaper's office to the homes of the publisher and a City Councilwoman, Ruth Herbel. Tragically, the publisher's 98-year-old mother, Joan Meyer, was present during the raid and passed away the following day. Eric Meyer attributed her death to the stress caused by the police action.

The reasons for the raid appear complex. The search warrant, as per the obtained copy, related to allegations of identity theft and unlawful acts concerning computers. The investigation centered on a complaint from a local restaurant owner, Kari Newell, who accused the newspaper of obtaining information about her DUI conviction through illegal means. The newspaper countered this accusation by asserting that they had acquired the information from a separate source and had published it only after Newell publicly accused them of wrongdoing.

Additionally, the newspaper had been conducting an investigation into the town's new police chief, Gideon Cody. The paper had received allegations from anonymous sources about Cody's previous job with the Kansas City police, which were said to involve sexual misconduct charges and other issues. Although the newspaper had not yet published any stories based on these allegations due to a lack of corroborating evidence, the seized computers contained information related to these claims.

The investigation has now been transferred from the Marion Police Department to the Kansas Bureau of Investigation. However, the extent of the investigation and its focus on either the police department, the newspaper, or both remains unclear.

Support for the newspaper has come from various journalistic organizations, both within the state and nationally. Additionally, the paper has experienced a surge in new subscriptions since the incident, with 2,000 new subscriptions acquired, mostly in digital form. The incident has also attracted attention at the national level, with White House press secretary Karine Jean-Pierre emphasizing the importance of press freedom and expressing concerns about the police action.