Argus Leader, ProPublica argue for release of T. Denny Sanford affidavits: 'This absurdity must end'

Jonathan Ellis and Joe Sneve, Sioux Falls Argus Leader
·2 min read
T. Denny Sanford speaks on Oct. 5, 2021. On May 27, 2022, the South Dakota Attorney General's Office announced that its investigation into child porn accusations had concluded and that Sanford would not face charges.
T. Denny Sanford speaks on Oct. 5, 2021. On May 27, 2022, the South Dakota Attorney General's Office announced that its investigation into child porn accusations had concluded and that Sanford would not face charges.

South Dakota law is unambiguous that search warrant affidavits become public once an investigation has ended, lawyers for the Argus Leader and ProPublica argued late Wednesday in a legal filing.

The two media organizations have been waging a nearly two-year legal battle to win the release of information surrounding the child pornography investigation into South Dakota banker and philanthropist T. Denny Sanford.

While the South Dakota Supreme Court ordered that some materials be made public in a ruling last year, the affidavits used by law enforcement to justify the issuance of five search warrants have remained sealed, which South Dakota law allows while a state criminal investigation is under way.

But last Friday, the Attorney General's Office notified Judge James Power that the investigation that started in December 2019 had ended and no prosecutorial offenses were committed by Sanford in South Dakota. Power is the Minnehaha County judge who authorized the search warrants and who has presided over arguments about what should be made public after the Argus Leader and ProPublica intervened in the case.

Earlier: T. Denny Sanford won't face child porn charges in South Dakota

Following the attorney general's notice on Friday, lawyers for Sanford asked Power to delay releasing the disputed materials. They also indicated that an appeal to the Supreme Court would be made on the matter.

But lawyers for the media organizations argued Wednesday that the law does not allow for a delay.

Argus Leader, ProPublica lawyers: 'Absurdity must end'

"This absurdity must end," wrote lawyers Jon Arneson and Jeff Beck. "This motion is yet another cynical attempt by Sanford to weaponize the legal process to subvert a statute the Supreme Court has already declared 'clear and unambiguous.'"

Arneson represents the Argus Leader and Beck represents ProPublica.

Earlier: Judge delays release of affidavits in T. Denny Sanford child pornography investigation

Sanford's lawyers did not file an immediate response Wednesday.

Besides being required under South Dakota law, unsealing search warrant affidavits is required under First Amendment law and common law, the media organizations argued. Failing to release the materials would cloud transparency into the judicial system.

"Continuing to keep these affidavits under seal would not only be unlawful but also significantly hamper further reporting on this important case, preventing the public from more fully understanding and being able to assess the state’s decision to pursue these searches but not prosecute Sanford," the media organizations wrote. "Continued secrecy would thus undermine public confidence in the courts and in this high-profile investigation specifically."

This article originally appeared on Sioux Falls Argus Leader: Argus, ProPublica argue for release of T. Denny Sanford affidavits