Today’s hearing is about to begin. Courtroom is quiet.
There are related cases across the country, looping in via telephone conference.
“All rise”
Attorneys introduce. We begin.
“All rise”
Attorneys introduce. We begin.
Furman says he’s apprised of the status of the litigation in California and Maryland. There may be a suit pending in Alabama, but it’s not directly bearing on citizenship question, the govt says.
Furman says 17 docs remain in dispute, and he has reviewed them in camera (judge’s eyes alone). They are under seal.
Furman orders production of the three of the 17 documents, with redactions.
“This case is of great public importance in my judgment,” Furman says, citing the integrity of the census.
These docs, addressed to Sec. Ross, “do go to the heart of the central issue” of the case.
“This case is of great public importance in my judgment,” Furman says, citing the integrity of the census.
These docs, addressed to Sec. Ross, “do go to the heart of the central issue” of the case.
The other 14 are protected by deliberative process privilege, he rules.
Furman moves on to the 7th motion to compel: interrogatories and research materials.
The first category seeks identification of the “senior administration officials.”
The first category seeks identification of the “senior administration officials.”
Govt claims not to have information on who these senior administration officials are after conducting a reasonable search.
“I can’t draw blood from a stone,” Furman says, but he adds that position may have bearing on whether he orders Ross’s deposition.
“I can’t draw blood from a stone,” Furman says, but he adds that position may have bearing on whether he orders Ross’s deposition.
Assistant AG Ho notes that they received a PowerPoint showing negative responses in 30 focus groups, but Commerce stonewalled the underlying data.
It “strains credulity” the govt doesn’t have it.
It “strains credulity” the govt doesn’t have it.
“The only reason we knew about these documents, your honor, is that we adduced their existence in a deposition,” Ho added.
Furman grants motion to compel in that he orders govt to comply and raise any objections - such as privacy - that have not been waived. Reply due next Thurs
Furman grants motion to compel in that he orders govt to comply and raise any objections - such as privacy - that have not been waived. Reply due next Thurs
Parties are discussing pending decision of a Second Circuit appeal on a remaining deposition of Assistant Attorney General Gore.
Next item on agenda is motion to compel Ross.
Next item on agenda is motion to compel Ross.
Correction: Ross motion to arguments postponed until next week.
Furman says the “big ticket item on the agenda” today is preparing for the motion for summary judgment and possible trial.
Furman says he’s “skeptical” he’d grant summary judgment based on what’s in the record.
Furman says the “big ticket item on the agenda” today is preparing for the motion for summary judgment and possible trial.
Furman says he’s “skeptical” he’d grant summary judgment based on what’s in the record.
To reiterate, Furman said: “I am skeptical that I would be able to grant” the summary judgment motion based on evidence in the record.
That would typically mean there’s likely to be a trial.
Here’s the wrinkle.
That would typically mean there’s likely to be a trial.
Here’s the wrinkle.
The govt claims that Administrative Procedures Act cases like this should be resolved on summary judgment, without a trial.
The challengers of the citizenship law want a trial with witnesses, especially because much comes down to Sec. Ross’s intent.
The challengers of the citizenship law want a trial with witnesses, especially because much comes down to Sec. Ross’s intent.
* citizenship question, not “law”
Apologies for the typo
Apologies for the typo
BREAKING: Furman is setting a tentative trial date for Nov. 5, with a final pretrial conference Nov. 1.
Govt can file a letter arguing that trial isn’t appropriate.
Govt can file a letter arguing that trial isn’t appropriate.
Discovery closes Oct. 12.
Furman consolidates the various cases, with agreement from the parties.
Furman consolidates the various cases, with agreement from the parties.
Adjourned. Story TK.
Takeaways:
* 3 sealed docs sent or received by Wilbur Ross will go public
* So will focus group studies data on citizenship question, unless govt objections succeed.
* Tentative Nov. 5 trial date; judge "skeptical" govt can avoid it.
My write-up
courthousenews.com/wilbur-ross-ma…
* 3 sealed docs sent or received by Wilbur Ross will go public
* So will focus group studies data on citizenship question, unless govt objections succeed.
* Tentative Nov. 5 trial date; judge "skeptical" govt can avoid it.
My write-up
courthousenews.com/wilbur-ross-ma…
