A federal judge must decide whether to dissolve a protective order preventing the release of e-mail correspondence between Gov. Linda Lingle's former chief of staff, Bob Awana, and a man who blackmailed him.

Responding to a request from The Associated Press, U.S. District Judge J. Michael Seabright agreed to "keep an open mind" despite seeing "no obvious reason to overturn or set aside" the protective order.

"These e-mails are not court records and have never been part of the court record. These are discovery documents," said Seabright, speaking in court Wednesday.

Seabright gave The Associated Press until Dec. 14 to submit its arguments, and the government and Byrne will have until Jan. 4 to respond. Seabright will rule sometime after Jan. 4.

The e-mails are part of evidence in a case involving former Lingle aide Awana, who was extorted by a man, Rajdatta Patkar, who learned that Awana attempted to solicit his girlfriend to perform favors for Awana and other businessmen on a state trade mission to the Philippines.

Awana resigned June 29.

The e-mails are also evidence in two separate, open investigations by federal agents based on Guam and in Honolulu.

The Guam-based probe focuses on a Saipan waste-management contract awarded in 2002.

Awana has denied the government's accusations that he bribed government officials in Saipan to secure a contract worth more than $1 million to run a landfill in the U.S. territory from 2002 to 2007.

Awana has not been charged with a crime, and Saipan Gov. Benigno Repeki Fitial, a Democrat, canceled the contract in 2005. The contract originally was awarded to Saipan Waste Management during Republican Gov. Juan N. Babauta's term.

The federal probe in Honolulu is looking at the behavior of Awana and other state officials on Lingle administration-led trade missions to the Philippines, China and South Korea, and other accusations.

As part of Patkar's plea deal with the government, he has agreed to cooperate with investigators in both probes.

Peter Olson, an attorney with Cades Schutte who is representing The Associated Press, said Seabright would have to decide what is more important: the victim's privacy or the public's right to know about state officials' behavior on trade missions to Asia.

"Clearly, we're talking about a private citizen, but when we have a public official involved, then of course, maybe it weighs the other way," said Olson, speaking in court.

Assistant U.S. Attorney Clare E. Connors said the government is obligated by law to protect the victim in this extortion case, while the defense is not obligated to do so.

"We have to take into account what effects the disclosure could have on the victim, particularly the privacy of the victim," said Connors, speaking outside court.

Deputy federal public defender Pamela J. Byrne, who represented Patkar, said she would like to release the e-mails to the public and thinks they are an important part of the public record.

"I'd like to, but I can't," she said. Byrne initially signed the order preventing the release of the e-mails on July 2.

Patkar was sentenced on Oct. 29 to one year in prison and ordered to pay $7,348 in restitution to the federal government after he pleaded guilty to trying to extort $35,000 from Awana.

Patkar admitted that he hacked into another person's e-mail and discovered Awana was wooing an Internet girlfriend with promises of money and admission to a Hawai'i nursing school.

In exchange, the woman would join Awana and members of a state trade mission to the Philippines in January 2006.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.