Cooper: Only have ~30 docs that are relevant vs 500 that have been withheld based in part on #DeliberativeProcess #privilege
The final factor is harm to the govt, which I think is for the government to show. They haven't filed affidavits or explained why disclosure would harm process, etc
That's it from Cooper on deliberative process.
Guynn up to respond.
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
After Cooper argues that #DeliberativeProcess #privilege doesn't apply given #misconduct by the govt, he turns to another exception: the "compelling need" exception.
That squarely overrides the invocation of the privilege here, he tells Judge #Xinis.
Cooper: This discovery is relevant & important. Govt hasn't pointed to alternative sources of info. There's been no substance produced of information that's key & critical here.
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
Guynn: Think would need to brief that. But I don't want to concede that #intent is at issue.
#Xinis asks attorney for #KilmarAbregoGarcia to come up & address the "government misconduct" exception to #DeliberativeProcess #privilege.
[Because the privilege is not absolute & can be overcome by a showing of govt #misconduct]
Up for Abrego Garcia this time is Jonathan Cooper
Cooper: From the beginning this has been a case about govt misconduct
#Xinis: Intent to facilitate, intent to comply w/my order.
Guynn: When you refer to #intent, what are you referring to?
Xinis: Can give you cases I've been thinking about. There's a proposition that #DeliberativeProcess #privilege doesn't really apply when intent is at issue
Gives hypo: re discrimination claim by fired employee. if decision making is privileged, can never get to the issue of wrongful termination.
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
Guynn: That's why there are so many privileged documents here that's why hard to ID document custodians, etc.
#Xinis: Almost impossible to determine from the log on what basis you're claiming attorney client privilege. Eg, if you have 18 people CC'ed on an email. without more info, I can't assess.
I don't believe the #DeliberativeProcess #privilege is as broad in this case because the govt's intent is at issue.
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
Rossman: If I gave your honor what I have of meaningful #discovery, it'd be nothing
#Xinis announces that she wants to move on to discussion of the #DeliberativeProcess #privilege. Wants to talk about the #law on that, then move the hearing under seal to discuss further.
Guynn is up first to discuss.
#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition
#Louisiana #Governor #JeffLandry is #withholding #records from the #public by #citing #madeup #exemptions that do not #exist in #law.
He refused to release records #citing “#deliberativeprocess” and “#executiveprivilege” #exemptions, among other reasons, even though those phrases do not exist in the #PublicRecords #Statute.
#Women #Transgender #LGBTQ #LGBTQIA #Louisiana #Conservatives #Extremism #Fascism #Censorship #RepublicanParty #ThePartyOfHate
