MANHATTAN (CN) - The fight over outtakes from the documentary "Crude" continued Wednesday in a contentious hearing before a three-judge panel of the 2nd Circuit. Chevron claims the 600 hours of outtakes may reveal that attorneys suing the oil company for $27 billion in Ecuador engaged in misconduct. And an attorney for movie director Joseph Berlinger told the judges she would support a more narrow order, compelling Berlinger to release some footage from the film.
Berlinger has been fighting an order that U.S. District Judge Lewis Kaplan granted to Chevron in May, directing Berlinger to turn over 600 hours of outtakes from his 2009 documentary.
Chevron says that "time is of the essence," because two Chevron attorneys face possible criminal trials in Ecuador,
Berlinger obtained intimate access to the class action against Chevron in Lago Agrio, Ecuador, while filming his documentary on how oil production has devastated the Amazon rainforest.
Circuit Judges Peter Hall, Pierre Leval and Barrington Parker heard nearly 2 hours of arguments from five attorneys representing Berlinger, the plaintiffs suing Chevron in Lago Agrio, Chevron, and the two Chevron attorneys who face criminal charges in Ecuador.
A crowd of at least 100 people, including Trudie Styler, wife of the musician Sting, filled the courtroom. Styler, who appears in "Crude" to champion humanitarian issues, wrote an article on behalf of Berlinger that the Huffington Post published on the morning of the hearing.
As Judge Kaplan did at the hearing in May, the panel of judges interrupted the attorneys' arguments often, seeking clarification, and seemed to find little merit in the argument that the "Crude" outtakes met the burden for journalistic privilege.
"If you look at the way the film was made, this isn't Edward R. Murrow or 'Dateline,'" Judge Leval said early in the hearing. Leval added that the "cozy relationship" between Berlinger and the attorneys suing Chevron indicated that the attorneys were inviting publicity for their lawsuit.
Maura Wogan, with Frankfurt Kurnit, representing Berlinger and his film company, maintained that while the Ecuador plaintiffs' attorneys invited Berlinger to film the documentary, Berlinger "made it very clear that he would maintain his editorial discretion."
Wogan disagreed with the claim, or intimation, that Berlinger's editing of the film indicated he was obeying orders from Lago Agrio plaintiffs' attorneys, including Steven Donziger.
Chevron attorneys pointed out that Berlinger removed a scene from the DVD version of "Crude" because the scene suggested collusion between an impartial expert in Lago Agrio and the plaintiff's attorneys. Judge Kaplan cited that argument in his May decision.
The appellate panel called Wogan's argument "irrelevant," and said the people whom Berlinger interviewed for the documentary had no expectation of confidentiality.
The panel of judges was also harsh toward attorney Ilann Maazel, with Emery Celli, who represents the Lago Agrio plaintiffs.
As Maazel spoke about seeking justice for "30,000 people whose lives are being destroyed" and "have waited 17 years for justice," Leval interrupted repeatedly for clarification on the interests of Maazel's clients and why Maazel was involved in the hearing at all.
Maazel said his clients are interested in how discovery will affect their case.
"This is a sideshow," Maazel said. "It's another delay in this very important case. And if Chevron is successful, the next time there won't be a crew. There won't be a film."