Written by: Michael Phillips

AUGUSTA COUNTY, VIRGINIA – In a dramatic new development in Breaking Through Media LLC’s legal battle for government transparency, the Virginia Court of Appeals has ordered Augusta County’s Circuit Court to provide the Board of Supervisors secret recordings at the center of the dispute, allowing the appellate court to review them firsthand.

The case stems from Augusta County’s refusal to release a March 20, 2023, closed-session recording of the Board of Supervisors, which allegedly violated Virginia’s Freedom of Information Act (FOIA) by improperly discussing the resignation of a county official in secret. After an initial court victory ordering the recording’s release was unexpectedly reversed by the trial judge, Breaking Through Media and its editor, Samuel Orlando, appealed the case to the Virginia Court of Appeals—where it has now taken a significant turn.

Apparently, Augusta County is so determined to keep the recordings secret that the circuit court failed to include them in the trial record when the case was first appealed. Normally, trial courts include all evidence in the appellate record, especially evidence that was central to a case decision.

The appellate court’s March 4, 2025, order invokes it's authority under Virginia Code § 8.01-675.4, compelling Augusta County Circuit Court Clerk R. Steven Landes to transmit all copies of the closed-session recordings that had been filed under seal and reviewed privately by the trial court. The circuit court has 15 days to comply with the directive.

This order comes after the Appellate Court indicated that Augusta County Circuit Court failed to include the recordings when submitting the case record to the Virginia Court of Appeals—a glaring omission given that these very recordings form the core of the lawsuit. The appellate court’s decision to issue a writ of certiorari on its own motion suggests recognition of the recordings' importance and raises questions about why they were not initially provided.

A Victory for Transparency Advocates

For Breaking Through Media and its editor, Samuel Orlando, this order is a major step forward in the fight for government accountability. Augusta County’s refusal to release the March 20, 2023, Board of Supervisors meeting recording has been central to this case, as it allegedly violated Virginia’s FOIA laws by improperly discussing a county official’s resignation in secret.

"This order shows that the appellate court understands what’s at stake here," said Orlando. "The circuit court should have included these recordings when it sent the case up, and now the Court of Appeals has made it clear: they want to hear what Augusta County has been hiding."

Orlando previously expressed confidence that the appellate court would uphold transparency, especially after retired Judge Robert J. Wilson IV's shocking reversal in the circuit court, where he first ruled in favor of disclosure before abruptly changing course and siding with the county.

The Court of Appeals Steps In

By issuing this writ, the Virginia Court of Appeals is ensuring it has the full context needed to render a decision—a move that may indicate skepticism toward Augusta County’s arguments for secrecy. The circuit court had reviewed the recordings privately (in camera) before ultimately ruling against their release, but by demanding to review the recordings itself, the appellate court signals that it is taking an independent—and possibly more skeptical—look at Augusta County’s justification for secrecy.

"The Court of Appeals didn’t have to do this," said a legal source familiar with the case, speaking on condition of anonymity. "They could have ruled based on what was already in the record. The fact that they are demanding these recordings now means they see their significance—and that’s not great news for Augusta County’s attempt to keep them secret."

What Happens Next?

Augusta County Circuit Court now has until March 19, 2025, to turn over the recordings to the Virginia Court of Appeals. If the county fails to comply, it could face serious legal consequences, including potential court sanctions.

This latest twist reinforces the public interest nature of this case—one that could set a precedent for how Virginia courts handle transparency disputes involving local governments.

Breaking Through Media remains committed to holding Augusta County accountable to its citizens and will continue to report on this case as it unfolds. One thing is certain: this fight for government transparency is far from over.