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Thu Oct 11, 2018, 02:04 PM

NY AG: Trump DOJ Is Misinterpreting SCOTUS Order In Census Citizenship Case

Source: Talking Points Memo

By Tierney Sneed
October 11, 2018 12:08 pm
New York Attorney General Barbara Underwood, who sued the Trump administration for the addition of a citizenship question to the census, is objecting to how the Justice Department has interpreted a Supreme Court order pausing the deposition of two top administration officials in the case.

According to a status report filed by Underwood Wednesday to the federal judge presiding over the lawsuit, the Justice Department is shielding from deposition other defense witnesses, including in census citizenship cases separate from the lawsuit brought in New York. Meanwhile, DOJ lawyers are moving forward with plans to depose the witnesses for the challengers in those cases, the report said.

“Defendants have taken the position that the administrative stay applies unilaterally to stay Plaintiffs’ discovery, but not Defendants’ discovery,” Underwood told U.S. District Judge Jesse Furman. It hinted that there were “several remaining disputes regarding the adequacy of Defendants’ document productions and privilege assertions” that the challengers may have to bring to the judge if they are not resolved. It also asserted New York’s position that the trial there should begin Nov. 5 as planned, despite the Supreme Court-ordered delay in the depositions of Commerce Secretary Wilbur Ross and top Justice Department official, John Gore.

The Trump administration has fought tooth-and-nail the moves to depose Ross and Gore, but its efforts to block the depositions have failed at both the district court and appeals court level.

Read more: https://talkingpointsmemo.com/muckraker/ny-ag-trump-doj-is-misinterpreting-scotus-order-in-census-citizenship-case


Tuesday evening, Supreme Court Justice Ruth Bader Ginsburg, who shepherded the request that the deposition orders be halted, delayed the depositions through Thursday afternoon, giving a 4 p.m. ET deadline so the parties could file any briefings on the issue. Gore had been scheduled to be deposed Wednesday, while Ross’ deposition was set for Thursday. Ginsburg’s order referenced specifically Furman’s three orders greenlighting the depositions and okaying additional discovery in the case.

Looks like the sexual predator and his team are trying to do a Brett Kavanaugh.....................

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