TALLAHASSEE — For more than two years, Harry Shorstein, a Jacksonville state attorney working on assignment for Gov. Jeb Bush, battled to open court records in a monumental fight with John Tanner, then the state attorney in Daytona Beach.
Bush assigned Shorstein to investigate problems that arose after Tanner's daughter was arrested in Flagler County and Tanner started investigating deputies there.
Late Friday, the records were unsealed at Tanner's request. Tanner, now in private practice, said he changed his mind about keeping the records sealed so he could let people know more about Shorstein while he is being considered for an appointment to become the U.S. Attorney in the Middle District of Florida, which includes the Tampa Bay area.
Circuit Judge Kim C. Hammond, the judge who sealed the records two years ago, unsealed an order in the case Friday after a brief hearing. The order, issued by Hammond in August 2008, accused Shorstein of exceeding his authority when he investigated Tanner's inquiry into the Flagler Sheriff's Office. The judge in the order says Shorstein should have limited his investigation to the Sheriff's Office and not investigated Tanner's inquiry into the agency.
The judge said Shorstein so tainted a Duval County grand jury that they could not exercise independent judgment.
Tanner, now in private practice, was defeated when he sought re-election in 2008 and blames Shorstein. Tanner said he doesn't plan to seek election again.
Shorstein left office in January after a 17-year career as the state attorney for Duval, Clay and Nassau counties.
Shorstein said he was not notified that the court was considering a move to unseal the records and questioned how it could be done in the wake of an appellate court decision that left the records sealed.
"I'm astounded that he would come back and issue an order more than a year after the deadline for an appeal has passed,'' Shorstein said. "I'm not as concerned about what it will do to my appointment as I am about what this does to the judicial process.''
Shorstein said anyone reviewing the judge's order without some of the supporting documents and information would not get a complete view of what happened.
The Duval grand jury Shorstein impaneled was investigating whether Tanner misused his power as a state attorney when he started investigating the Sheriff's Office that arrested his daughter. The Duval presentment criticizing Tanner remains under seal.
Tanner went back to court this week after learning of a behind-the-scenes fight prompted by complaints from former Jacksonville Mayor John Delaney.
Shorstein won the support for the federal appointment from U.S. Sen. Bill Nelson and former Sen. Mel Martinez and the White House earlier this year, but has yet to be formally nominated. Delaney and Shorstein have been adversaries since 1991 when then-Gov. Lawton Chiles appointed Shorstein state attorney instead of Delaney.
Shorstein has broad support among many prominent Democrats, including former U.S. Sen. Bob Graham and former U.S. Attorney General Janet Reno.
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