A dispute over who leaked an FBI affidavit involving former state Sen. Ronald Calderon appears to be coming to an end in federal court in Sacramento, but an attorney for the lawmaker said the issue will be pursued before a federal judge in Los Angeles.
On Tuesday, U.S. District Judge Troy L. Nunley in Sacramento gave Calderon’s attorney, Mark Geragos, 30 days to amend his complaint over the leak or it would be dismissed.
Calderon was indicted last year on public corruption charges and has pleaded not guilty. Geragos had previously alleged in a complaint that the leak was intentional by federal officials to “attempt to convict Sen. Calderon in the press through an illegal disinformation campaign.”
The sealed FBI affidavit was made public by a cable news network before Calderon was charged, but many of the allegations contained in the affidavit were later included in the indictment.
Nunley turned down Geragos’ motion for sanctions in a November ruling. “This Court cannot rule on this action as submitted due to the ambiguity of the claims at issue,” Nunley wrote. “If this action was intended as a civil complaint, Plaintiff fails to adequately state any claim upon which relief could be granted.”
Tuesday’s order for the complaint to be amended in 30 days or face dismissal was not a setback, Geragos said, noting he wants the complaint on the leak to instead be heard in Los Angeles, where the criminal case against Calderon is pending.
“We were the ones who asked that it either be transferred or mooted so we can file in the Central District,” in Los Angeles, Geragos said.