Attorneys for several media groups argued before a judge Thursday that a lawsuit over access to Pulse 911 calls belongs in state court and should not have been transferred to federal court.

  • Hearing over Pulse 911 calls lawsuit held in Orlando federal court
  • Media groups argue that lawsuit belongs in state court, not federal
  • Groups say DOJ improperly moved case to federal court

The case pits the City of Orlando against media companies seeking the release of recordings of dozens of 911 calls as well as communications between gunman Omar Mateen and Orlando Police.

The media groups say that the communications will help the public evaluate the law enforcement response to the worst mass shooting in modern U.S. history.

Attorney Rachel Fugate, who is representing the Associated Press, Orlando Sentinel, CNN and almost a dozen outlets, argued in a federal court hearing Thursday that the city improperly filed a “declaratory” motion asking the Department of Justice to tell them what to do with the request for the calls.

She said the DOJ improperly had the case removed from Florida’s state courts to federal court, and that it has no standing in the case since the documents requested fall under Florida law.

She said that the city, in effect, was seeking federal protection from releasing the calls.

U.S. District Judge Paul Bryon argued that it seemed to him that the Justice Department did have an interest in the investigation and asked about previous cases in other areas where jurisdiction passed from state to federal court (all involved monetary actions).

Justice Department attorney Sean Flynn said the DOJ does have interest in what happens, since this was an alleged terrorist act and therefore falls under the Joint Terrorism Task Force, which OPD is part of. The documents sought are part of the investigation, and release could compromise the FBI probe and put potential witnesses in jeopardy, he said.

Fugate argued that the calls are not Terrorism Task Force records, just citizens (some not even at Pulse) phoning in an emergency.

The media groups filed a complaint in state court about 10 days after the June 12 shooting, seeking the release of the documents. Less than an hour later, the city filed a complaint in state court, asking that the recordings be declared exempt from public records law. The city then filed an amended lawsuit, naming the Justice Department as a defendant, and DOJ attorneys moved for the case to be transferred to federal court, where Florida’s Public Records law isn’t applicable.

Fugate maintained that local public records fall under Florida law and should be heard in a Florida court.

Byron — who asked far more questions of Fugate's argument than either the DOJ or city attorneys — said he will issue a ruling shortly.

News 13/Bright House Networks is not among the media groups in the lawsuit.

Information from the Associated Press was used in this report.