Federal plea agreements contain a section called “Factual Basis for the Plea.” In that factual basis, the details of the crime are laid out, including names of those with whom the defendant interacted. In cases involving cooperation, which is most cases these days, the names are not of informants but of codefendants and co-conspirators, including those indicted and not.

Also, in the sentencing guideline calculation portion of the plea agreeement, it states if the defendant is cooperating for a sentence reduction. This could put the defendant or his family at risk from co-defendants who haven’t pleaded guilty.

An easy answer would be for the defense lawyer to file a motion to seal the plea agreement in cases in which the defendant might be physically harmed by the disclosure. However, some judges, at least in my district, have refused to seal the plea agreement believing the public has a right to know.

Access to a cooperator’s plea agreement can also jeopardize his or her safety when he gets to prison. He arrives with a "snitch jacket" with all the details spelled out.

In the Libby case, no one pleaded guilty. This proposed change would not affect the access to any of the online pleadings and orders in that case.

In the Abramoff case, on the other hand, almost of those snagged cooperated and the details are in their plea agreements. However, you can get almost the same information from other pleadings filed in the cases by both sides.

And, you will can still discern who cooperated by reading the Sentencing Order and Judgment of Conviction. Any downward departure for cooperation will be included.

Now, on the other hand, as to why I'd like them to remain online, even as a lawyer: The plea agreements can be invaluable and necessary investigatory tools in my clients' cases. For example, if I have reason to believe that a certain person is incriminating my client, I want to know if that person had their own case and got a reduction for cooperation. I want to see what they admitted to in the factual basis of their plea agreement, so that I can see if it matches or differs from what they are now claiming. I want to see their criminal history, which is available in their plea agreement.

If this person is going to be a trial witness against my client, I would get the plea agreement in discovery -- at some point. But, if the person just provided information and is not going to be a witness, I might not.

There are numerous other reasons that as a lawyer I would want access to plea agreements.

I also think many prosecutors put far too many unnecessary details in the factual basis of plea agreements. The point is only for the defendant to admit facts constituting a crime. If prosecutors were encouraged to shorten this section, perhaps the problem with making them publicly available would dissipate.

Anyway, I'm out of time, and may come back to this later, but these are my initial thoughts.