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NPR fights for access to Virginia execution recordings

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NPR fights for access to Virginia execution recordings


Next week, the Virginia Court of Appeals will consider whether to lift the veil of secrecy over execution tapes that give the public a rare glimpse into how the state administered capital punishment before abolishing the practice in 2021. 

The tapes, recorded in the execution chamber by prison employees, were hidden for years before NPR journalist Chiara Eisner unearthed four recordings that a former prison employee donated to the Library of Virginia archives. That audio, which NPR published in 2023, revealed new details about oversight by prison employees moments before carrying out the state’s ultimate punishment. 

The Virginia Department of Corrections has disclosed that it recorded 32 additional tapes concerning 27 executions over three decades, but it refused to turn them over when NPR and Ian Kalish, a clinical supervising attorney at the Reporters Committee, requested the audio under Virginia’s Freedom of Information Act. Last year, NPR sued for the tapes’ release with free legal support from the First Amendment Clinic at the University of Virginia School of Law, which is administered by attorneys from the Reporters Committee for Freedom of the Press.

A circuit court in Charlottesville sided with the Department of Corrections, finding that the recordings were protected under a Virginia FOIA exemption that protects records of prisoners. Throughout the school year, Reporters Committee attorneys worked with students in the UVA First Amendment Clinic to brief the case in the Court of Appeals.  

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NPR, Eisner, and Kalish have been represented in the case by clinic co-directors Lin Weeks, an RCFP senior staff attorney, and Gabe Rottman, director of RCFP’s Technology and Press Freedom Project. Ahead of oral argument on July 16, we spoke with Kalish to learn more about why the clinic got involved in the fight for public access to execution records and what implications the case could have on efforts to hold Virginia prisons accountable. 

This interview has been edited for length and clarity.

How did the UVA Law Clinic and Reporters Committee attorneys get involved in this case? 

It originally came to the clinic’s radar because Chiara was going to report on the fact that she had submitted the FOIA request and that had been denied, so the clinic offered some commentary about the request and the denial. We continued to work with Chiara and NPR in terms of figuring out if there was a potential way to push back, and then the clinic ended up partnering with them on the litigation.

What makes this such an important case for clinic students to work on?

I think these records are very valuable because this process is largely happening within sort of a black box. It’s important for the public to understand what happens in these situations because these actions are being taken in the name of the public. I think just being able to facilitate that type of oversight is quite important. 

More generally, I think public access cases are good for students because they offer discrete legal issues, generally issues of statutory interpretation regarding what an exemption in a statute says and what it means and how it applies to a specific record. It’s a little bit more teed up and focused than other types of cases are at times, so it allows the students a little bit more opportunity to really dig in and shepherd a case from its initiation to its conclusion.

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What is it about these execution tapes that make them worth pursuing in court?

I think the four tapes are very rare. The fact that they’re publicly accessible doesn’t happen often, but they are very valuable. 

I think it’s important to have information about execution and what it looks like in general because while Virginia is no longer engaged in the practice, other states are. There’s always the potential that things might change. I think that execution remains such a significant political issue that it’s important for people to understand what the procedure looks like, what happens, just for them to make an informed decision about whether they support the practice of capital punishment or not.

What are the key arguments that Reporters Committee attorneys have made about why these records should be public?

The main argument that is being teed up on appeal is this question regarding the interpretation of an exemption that prevents the public from gaining access to records of inmates, which we interpret to mean information that would otherwise be in the possession of inmates or information generated by the inmates, such as correspondence that is being held by the prison. Just because an inmate’s information is held by the agency because of the nature of the jailer-prisoner relationship doesn’t necessarily mean that anyone who puts a FOIA request to the agency should be able to get access to it. 

But in contrast, we interpret this exemption to not reach administrative documents or information created by the agency that relates to the conduct of the agency. For example, procedures followed during the execution process are state action. We don’t think that exemption for the records of the individual should be read so broadly as to shield that type of thing from public oversight because in effect, you’re walling off the prison system significantly from all oversight. 

By its nature, the actions that agency takes are for the most part directed toward or involving individual inmates. So you really need to preserve the ability to access records and information about those actions. 

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How do you think the outcome of this case could shape the application of Virginia’s Freedom of Information Act in the future?

I think the nature of Virginia FOIA is sort of interesting in that it has this blanket presumption of access but then exemptions are very particularized, and there are a lot of them. Because of that, there’s not a lot of really binding authority about what each one means. Some exemptions have had the benefit of judicial analysis and guidance, others haven’t.

I think whenever you don’t have this type of clear guidance from a court, people relying on the statute to access records are at a bit of a loss. There’s really no clear case to point to if a FOIA officer denies a request to say, “Hey, this court says that this material is reachable,” or, “This court says that this exemption should be interpreted this way.” I think any opportunity you have to clarify what the statute means is important. 

Particularly with this exemption, it can be applied very broadly if it means what the Department of Corrections has argued and what the trial court seems to have endorsed. If it just means that things involving or related to a specific inmate can be withheld, it’s unclear to me what type of meaningful oversight you could have over the Virginia Department of Corrections or the prisons at all. So I think this one in particular is even more important just because of the potential scope of its use moving forward.


The Reporters Committee regularly files friend-of-the-court briefs and its attorneys represent journalists and news organizations pro bono in court cases that involve First Amendment freedoms, the newsgathering rights of journalists and access to public information. Stay up-to-date on our work by signing up for our monthly newsletter and following us on Twitter or Instagram.

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Sullivan wraps up a career with deep roots in the forest

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Sullivan wraps up a career with deep roots in the forest


Jay Sullivan came to Virginia Tech as a newly minted Ph.D. He found a university with a strong forestry program, a passionate faculty, and motivated students. The forests and mountains of southwestern Virginia were a great place to make a home and raise a family, so he stayed here and made a career, a career that drew to a close when Sullivan retired in December after 36 years.

Sullivan joined the Department of Forestry before there was a College of Natural Resources and Environment. Through the changes, the expansions, and the promotions to full professor and former department head, Sullivan remained true to the primary mission of teaching and helping students reach their potential.

In 2015, Sullivan was selected as head of the Department of Forest Resources and Environmental Conservation. He served in that role until opting to step back into a full-time faculty position in January 2025.

Sullivan was asked to reflect on his long and distinguished career at Virginia Tech.

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When did you come to Virginia Tech?

I arrived in fall 1988, shortly after completing my Ph.D. at the University of California-Berkeley.

What made you choose the field of forestry?

I grew up camping, fishing, and backpacking, and I wanted a career that promoted conservation of the resources I loved. Initially, my interests were forest biology and ecology, but an influential professor and co-student (to whom I’ve now been married for almost 45 years) got me interested in forest economics as a direction that might have the greatest impact on decision-making and policy formulation that would make a difference.

What have been your central areas of research?

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As a grad student, I had the opportunity with the U.S. Forest Service to help build an economic impact analysis system known as IMPLAN. My role was to develop analysis procedures, and that experience was formative in my career. Interestingly, IMPLAN is still used today, though long-since privatized. I noticed the current version of that system was even used recently to examine the economic contributions of Virginia Tech in the Commonwealth.

At Virginia Tech my research focus has been on economic incentives for forest conservation and restoration, that is: how do we keep forests as forests? Projects have examined forest landowner challenges in Virginia and beyond, including threats of insects, ice damage, and others: afforestation of frequently flooded lands in the Mississippi River Delta, Appalachian hardwood reforestation of surface-mined lands, and establishment of gum plantations in West Africa. Of course, there have been numerous other studies over the years and all have been challenging, but having the opportunity to work alongside other faculty and students to solve the challenges we faced has been enormously satisfying, even if sometimes stressful in the moment.

How has the field of forestry changed in the years you’ve been a researcher and educator?

Technological advances in data acquisition like GPS, remote sensing, drones, and field equipment get a lot of deserved press, but, for me, in forest economics I am amazed at how the questions we address have evolved over the years. 

As a student or new facility member, I never would have dreamed about some of the issues and products that have emerged, such as forest carbon as a valuable commodity, or a millennia-old product like barrel staves would be in such demand, or that we would be talking about aviation fuel as a viable forest product. It would have seemed like science fiction that solar facilities or data centers would become pressing land use concerns. The level of interest in all aspects of forests and forestry for their role in solving global challenges facing society is pretty amazing, too.

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What has stayed constant in your time here?

The quality and passion of the students and faculty over the years in pursuing their careers and answering the fundamental issues in forestry.

What were the campus and university like when you arrived Virginia Tech?

You could see mountains from every window on the third floor of Cheatham Hall!

What meaning have you found in your career at Virginia Tech?

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The most rewarding aspect has been seeing the success of our students in their careers, with so many in influential positions in industry, agencies, and academia. With many, those successes were expected, but some who you weren’t sure how they would even graduate turned up in amazing places with incredible responsibilities and important roles!

What advice would you offer to younger faculty members who are just entering their careers?

Pour into our students, as I think they always will be the greatest impact that we can have in our short careers.

What’s next for you?

I will be chasing my wife and grandchildren around the mountains of Southwest Virginia and across the globe, continue teaching the Bible to college students at my local church, do a little rock climbing and mountain biking, and promoting forestry education with the Virginia Forestry Education Foundation.

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Virginia hires Richmond’s Aaron Roussell after Amaka Agugua-Hamilton’s firing, investigation

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Virginia hires Richmond’s Aaron Roussell after Amaka Agugua-Hamilton’s firing, investigation


Virginia has its new women’s basketball coach, after a messy ending with its previous one.

The Cavaliers announced Tuesday they had hired Richmond head coach Aaron Roussell to replace the fired Amaka Agugua-Hamilton, who was reportedly the subject of an internal investigation over allegations of staff mistreatment. Roussell will be the seventh head coach in program history.

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Roussell had been the Spiders’ head coach for seven years, accruing a 148-72 record and leading them to three straight NCAA tournament appearances since 2024. They notched the first tourney win in their history against Georgia Tech in 2025.

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Aaron Roussell has some work to do in Charlottesville.

(IMAGN IMAGES via Reuters Connect / REUTERS)

Roussell will not have to travel far for his new job, but he will enter a program facing surprising levels of instability after a Cinderella run in this year’s March Madness.

After entering their first NCAA tournament in eight years, the Cavaliers reeled off wins over Arizona State in the First Four, No. 7 Georgia and No. 2 Iowa to reach their first Sweet 16 since 2000. Then, days after the season ended, the program announced Agugua-Hamilton’s firing in a cryptic “Virginia Announces Leadership Change for Women’s Basketball” statement.

Per On3’s transfer portal tracker, six Virginia players have entered the portal, including last season’s leading scorer Kymora Johnson.



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Former Virginia Gov Glenn Youngkin hints at political future, says he’s ‘chomping at the bit’ after exit

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Former Virginia Gov Glenn Youngkin hints at political future, says he’s ‘chomping at the bit’ after exit


NEWYou can now listen to Fox News articles!

Former Virginia Gov. Glenn Youngkin signaled his political career may not be over, telling Sean Hannity he still has “more to give” just under three months after leaving office.

“I have more to give. I just do. The one year of campaigning and the four years of running, so five years, went by in five seconds. It was amazing,” Youngkin said on the “Hang Out with Sean Hannity” podcast.

In the full episode, debuting Tuesday, Youngkin sat down with the Fox News host to discuss his time in office, as well as what things have been like since his term expired in January.

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NEW POLL REVEALS SPANBERGER’S POPULARITY IS PLUMMETING AMID BACKLASH OVER GERRYMANDERING

Virginia Gov. Glenn Youngkin addresses the crowd during an early voting rally on Sept. 21, 2023, in Petersburg, Va. (Steve Helber/AP)

Every morning [when I was governor], I woke up literally bounding out of bed, ready to roll, and that was the most purposeful I’ve ever felt in my whole life.

Youngkin oversaw a range of conservative measures passed in the state, including a push to ensure age-appropriate curriculum in public schools.

SPANBERGER SIGNALS LEFT BENT AFTER CENTRIST CAMPAIGN; GOP LEADER WARNS OF ‘FAIRFAXING THE REST OF VA’

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Virginia Gov. Abigail Spanberger responds to President Donald Trump’s unseen State of the Union address. (Steve Helber/Reuters)

He also pushed for tax cuts, including efforts to reduce the state’s grocery tax, rolled back COVID-19 restrictions early in his tenure and emphasized tougher public safety policies.

His time in office concluded earlier this year, when Democratic Gov. Abigail Spanberger’s administration succeeded his.

I’ve been out of office for six weeks. I took [my wife] Suzanne on vacation, which she so deserved. She’s been amazing. I think she’s of the best first ladies in America,” he said.

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“But six weeks has felt like six years… You’re chomping at the bit.”

While Youngkin stopped short of outlining specific plans for the future, his comments suggest he is keeping the door open to a return to public office.

Fox News Digital’s Charles Creitz contributed to this report.



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