| 00:00:49 |
none, -
SITTING. GOD SAVE THE UNITED STATES AND THIS HONORABLE COURT. >> 472RK RICHARD V. CHENEY VERSUS THE UNITED STATES DISTRICT COURT. GENERAL OLSEN? >>...
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| 00:01:19 |
Unidentified Speaker, -
SUBORDINATES TO FORM RECOMMENDATIONS FOR LEGISLATION. CONGRESS MAY NEITHER INTRUDE ON THE
|
| 00:01:24 |
Unidentified Speaker, -
PRESIDENT'S ABILITY TO PERFORM THESE FUNCTIONS, NOR AUTHORIZE PRIVATE LITIGANTS TO USE THE COURTS TO DO SO. AS THIS COURT HAS CONSTRUED, THE FEDERAL...
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| 00:02:10 |
Unidentified Speaker, -
NOT THE AUTHORITY OF THE COURTS IS NOT ALSO INVOLVED HERE BECAUSE THERE'S A CONCERN WE SHOULD HAVE RULE DESIGNED TO PREVENT US FROM UNNECESSARILY...
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| 00:02:24 |
Unidentified Speaker, -
I'M NOT SURE WHETHER YOU'RE ASKING
|
| 00:02:26 |
Unidentified Speaker, -
A QUESTION ABOUT THE JURISDICTION OF THE COURT BECAUSE THAT'S AN ISSUE BEFORE THE COURT, OR WITH RESPECT TO CONSTRUING THE ADVISORY ACT TO AVOID CONSTITUTIONAL...
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| 00:02:42 |
Unidentified Speaker, -
PUBLIC CITIZEN WAS MAKE IT VERY CLEAR THAT BECAUSE OF THE FORMIDABLE CONSTITUTIONAL QUESTIONS, THE COURT REFERRED TO THE CONSTITUTIONAL QUESTIONS IN...
|
| 00:03:40 |
Unidentified Speaker, -
THIS CASE FITS WITHIN WHAT THE COURT DECIDED UNANIMOUSLY IN THE UNITED STATES VERSUS NIXON FOR TWO REASONS. IN THE FIRST PLACE, DENIAL OF IMMEDIATE REVIEW...
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| 00:03:55 |
Unidentified Speaker, -
HERE, BECAUSE THE VICE PRESIDENT AND THE VICE PRESIDENT IS ACTING AS A SUBORDINATE FOR THE PRESIDENT HERE. THIS IS THE PRESIDENT'S AUTHORITY. >> IN...
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| 00:04:26 |
Unidentified Speaker, -
ABOUT THERE, THE CONTEMPT AVENUE, OR ANY ASPECT OF WHAT WOULD BE REQUIRED OF THE PRESIDENT OF THE UNITED STATES TO DEFY
|
| 00:04:37 |
Unidentified Speaker, -
A COURT ORDER WOULD BE UNSEEMINGLY. WHEN THE COURT TALKS ABOUT THE IMPORTANT SEPARATION OF POWER QUESTIONS, THE PRESIDENT IS IN THE POSITION OF HAVING...
|
| 00:05:17 |
Unidentified Speaker, -
IS TO THE PROCESS.
|
| 00:05:20 |
Unidentified Speaker, -
THE PRESIDENT AND VICE PRESIDENT ARE BEING SUBJECTED TO LITIGATION AND DISCOVERY THAT GOES FAR BEYOND WHAT THE STATUTE WOULD REQUIRE -- >> IT'S ESSENTIAL...
|
| 00:05:48 |
Unidentified Speaker, -
COULD BE CONSTRUED TO CREATE A DE FACTO DOCTRINE WHICH NO COURT HAS EVER DONE IN CONNECTION WITH A CASE, THAT THE CASE, THE STATUTE WOULD BE
|
| 00:06:00 |
Unidentified Speaker, -
UNFINAL AS APPLIED TO THESE CIRCUMSTANCES. HOWEVER, WE BELIEVE THAT THE COURT DOES NOT NEED TO GET THERE BY CONSTRUING THE STATUTE NARROWLY AS THE COURT...
|
| 00:06:44 |
Unidentified Speaker, -
EXPLICITLY EXCLUDING A COMMITTEE THAT'S FORMED OF ALL GOVERNMENT EMPLOYEES. AND AS CONSTRUED BY THE
|
| 00:06:51 |
Unidentified Speaker, -
COURT IN THAT CASE EITHER -- THE WORD USED IN THE STATUTE ARE ESTABLISHED OR UTILIZED, AS CONSTRUED BY THAT CASE, THIS COMMISSION IF ESTABLISHED BY...
|
| 00:07:34 |
Unidentified Speaker, -
QUESTIONS AS AN ANTI-SEE DENT OF THAT, THERE'S NO INTENTION WHEN CONGRESS PASSED THIS STATUTE TO PROHIBIT OR REGULATE EX PARTE COMMUNICATIONS BETWEEN...
|
| 00:07:51 |
Unidentified Speaker, -
HAS UTILIZED, NOT A COMMITTEE COMPOSED OF GOVERNMENT EMPLOYEES. ALL I'M SAYING IS THE PEOPLE VOTING, WHY WOULD THAT BE SUCH AN INTRUSION UPON THE ...
|
| 00:08:07 |
Unidentified Speaker, -
RECOMMENDATIONS OF THE COMMISSION WAWS NONGOVERNMENT EMPLOYEE. >> I'M GOING TO QUOTE FROM THE PUBLIC DECISION ITSELF WHICH SPECIFICALLY DEFINED THE TERM...
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| 00:08:36 |
Unidentified Speaker, -
WHEN THE EXECUTIVE IS PERFORMING CORE EXECUTIVE BRANCH FUNCTIONS, WHICH IT CLEARLY IS IN THIS CASE. BUT TO GET BACK TO YOUR QUESTION, THE COURT IN "PUBLIC...
|
| 00:09:27 |
Unidentified Speaker, -
JURISDICTION, IF WE AGREE WITH YOU, FOR EXAMPLE, THAT DISCOVERY SHOULD NOT HAVE BEEN ALLOWED, THEN WHY SHOULD WE TAKE THE FIRST VIEW OF THE MERITS OF...
|
| 00:10:04 |
Unidentified Speaker, -
BRANCH, THE REPORT OF THE COMMITTEE, WHICH SPECIFICALLY IDENTIFIED AS MEMBERS ONLY MEMBERS OF THE EXECUTIVE BRANCH AND THE AFFIDAVIT OR DECLARATION...
|
| 00:10:57 |
Unidentified Speaker, -
AS PROPERLY CONSTRUED. >> BUT ISN'T THAT SIMPLY THE BASIC ARGUMENT ON THE MERITS AGAIN? THE REASON -- I THINK YOU'RE SAYING, THE REASON WE CAN'T HAVE...
|
| 00:11:09 |
Unidentified Speaker, -
UNCONSTITUTIONAL AS APPLIED TO THE PRESIDENT. >> UNCONSTITUTIONAL IF APPLIED IN THESE CIRCUMSTANCES. >> YES. NOW, IF WE GO, IF WE DO WHAT
|
| 00:11:19 |
Unidentified Speaker, -
JUSTICE GINS BERG IS TRYING TO DO, AND THAT IS TO GET TO THE JURISDICTIONAL ISSUE, WITHOUT PASSING IN THE FIRST INSTANCE ON THE MERITS, THEN IT SEEMS...
|
| 00:11:34 |
Unidentified Speaker, -
DURSJIXAL
|
| 00:11:36 |
Unidentified Speaker, -
QUESTION BOILS DOWN TO THIS -- WHY SHOULD WE ACCEPT YOUR POSITION ON JURISDICTION WHEN JURISDICTION GOES TO THE PROPRIETY WITH CONSTITUTIONAL OVERTONES,...
|
| 00:12:47 |
Unidentified Speaker, -
WAS NO, AS I UNDERSTAND IT, THERE WAS NO PROCESS OF TRYING TO REFINE THE DISCOVERY ORDER DOWN TO ANYTHING BEYOND THE GENERALITIES THAT WE HAVE ON THE
|
| 00:12:56 |
Unidentified Speaker, -
RECORD. >> OVER EFFORT WAS MADE WITH RESPECT TO THE ACTIONS OF THE LITIGANTS IN THE DISTRICT COURT TO REFINE IT AS MUCH AS POSSIBLE. THE DISTRICT...
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| 00:13:18 |
Unidentified Speaker, -
TO NONPRIVILEGE DISCOVERY REQUEST AND ASSERT EXECUTIVE PRIVILEGE. >> AND YOU DID NOT ASSERT ANY, SO WE DON'T KNOW WHAT MIGHT BE SUBJECT TO EXECUTIVE...
|
| 00:13:43 |
Unidentified Speaker, -
SHOULD NOT SHOULD NOT BE SUBJECT TO EXCEPTION AT THIS POINT. >> I THINK THERE'S A STRONG CASE THAT IT SHOULD BE, JUSTICE SUTER. THE COURT OF APPEALS ADDRESSED...
|
| 00:14:07 |
Unidentified Speaker, -
NEED TO PROVE THEIR CASE. >> WAS THE DISCOVERY UNCONDITIONAL? >> I DON'T KNOW WHAT YOU MEAN -- >> WELL, THE GOVERNMENT MUST PRODUCE THUS AND SO, THUS...
|
| 00:14:39 |
Unidentified Speaker, -
STATUTE ITSELF. BROADER THAN THE RELIEF
|
| 00:14:41 |
Unidentified Speaker, -
THAT -- >>
|
| 00:14:42 |
Unidentified Speaker, -
BUT WE'RE DEALING WITH THE
|
| 00:14:45 |
Unidentified Speaker, -
SITUATION AFTER THE TWO JUSTICES ON THE COURT OF APPEALS BOTH SIDE -- BOTH SAID THIS DISCOVERY RIDER WAS TOO BROAD, IT OUGHT TO BE TRIMMED. NOW THE...
|
| 00:15:04 |
Unidentified Speaker, -
HAVE GONE BACK THERE TOT DISTRICT JUDGE AND SAY THIS HAS TO BE NARROW OOSMED ION EVIDENTABLY, WHAT WOULD HAVE HAPPENED BECAUSE WHAT THE COURT OF APPEALS...
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| 00:16:24 |
Unidentified Speaker, -
WELL -- >> IS IT UNDER COX? >> THIS IS SQUARELY UNDER NIXON. REMEMBER, WE ARE TALKING ABOUT THE PRESIDENT AS THE REAL PARTY IN INTEREST TO PLACE HIMSELF...
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| 00:16:34 |
Unidentified Speaker, -
THE POSTURE OF DISOBEYING A COURT ORDER AND MERELY TO TRIGGER THE PROCEDURAL. >> WE'VE ALREADY DISCUSSED THAT.
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| 00:16:44 |
Unidentified Speaker, -
YOU DIDN'T THINK
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| 00:16:45 |
Unidentified Speaker, -
THE VICE PRESIDENT IN THIS CASE
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| 00:16:47 |
Unidentified Speaker, -
EXERCISED HIS PRIVILEGE. >> BUT WHAT WE'RE DEALING
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| 00:17:01 |
Unidentified Speaker, -
WITH. >> THE PRESIDENT AND VICE PRESIDENT, THE PRESIDENT MUST CHOOSE BETWEEN SUBMISSION TO AN UNCONSTITUTIONAL ORDER, IN WHICH PARTICIPATION IN THIS...
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| 00:17:24 |
Unidentified Speaker, -
WITH SOMEONE TO SUBMIT
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| 00:17:27 |
Unidentified Speaker, -
TO LITIGATION AND POTENTIALLY SUBMIT TO DISCOVERY TO, SUBMIT TO THE VIOLATION OF SEPARATION OF POWERS, OR VIOLATE CHALLENGE OF SANCTIONS. >> IF YOU...
|
| 00:18:03 |
Unidentified Speaker, -
ABOUT THAT, YOU BRING UP THE BROADER ISSUE ON AN APPEAL FROM THE CASE. AND AS TO YOUR BEING RIGHT, BEING RIGHT, I GUESS, ISN'T ENOUGH TO GET YOU TO...
|
| 00:18:17 |
Unidentified Speaker, -
IF
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| 00:18:19 |
Unidentified Speaker, -
YOU REALLY NEED TO. WHY COULD YOU IF YOU REALLY NEED TO AS TO EACH INDIVIDUAL? >> BECAUSE THE ACT OF FORCING THE PRESIDENT TO INVOKE EXECUTIVE PRIVILEGE....
|
| 00:18:47 |
Unidentified Speaker, -
THIS. AT SOME POINT, I THINK THE GOVERNMENT MADE A SECTION 12 B-6 MOTION TO DISMISS THIS SUIT BECAUSE THE STATUTE WAS UNCONSTITUTIONAL. AND THIS WAS DENY...
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| 00:19:09 |
Unidentified Speaker, -
COLLATERAL ORDER DOCTRINE AT THAT TIME, OR EVEN BY MANDAMUS TO ADDRESS DIRECTLY WHETHER THIS STATUTE IS CONSTITUTIONAL? >> POTENTIALLY -- >> WHY DIDN'T...
|
| 00:19:38 |
Unidentified Speaker, -
IS UNCONSTITUTIONAL? >>
|
| 00:19:40 |
Unidentified Speaker, -
THE GOVERNMENT TRIED TO WORK OUT
|
| 00:19:41 |
Unidentified Speaker, -
THE DELICATE CONSTITUTIONAL PROBLEMS THAT WERE INVOLVED HERE, THE BALANCING OF THE EXECUTIVE'S PREROGATIVE WITH THE LITIGATION FUNCTION AND THAT SORT...
|
| 00:19:52 |
Unidentified Speaker, -
DON'T THINK THE COURT WOULD WANT TO ENCOURAGE COLLATERAL ORDER OF APPEALS EVERY TIME THERE'S A DENIAL OF A MOTION
|
| 00:20:00 |
Unidentified Speaker, -
DISMISS. >> IT WOULD NOT COVER ALL THE CONSTITUTIONAL ISSUES YOU THINK EXIST HERE? >> THAT'S EXACTLY RIGHT. THE FORCING OF THE PRESIDENT TO SUBMIT...
|
| 00:20:31 |
Unidentified Speaker, -
CITIZENS, NOTWITHSTANDING THE CLEAR
|
| 00:20:35 |
Unidentified Speaker, -
FOUR CORNERS OF THE DIRECTIVE WHEN THE PRESIDENT CREATED THE BODY WITHIN HIS OWN ADMINISTRATION FROM WHICH HE SOUGHT ADVICE, EVERY TIME THERE WOULD BE...
|
| 00:21:13 |
Unidentified Speaker, -
DISCOVERY. AS TO WHAT, WHAT'S YOUR RESPONSE TO THE FACT THAT YOU COULD GET YOUR INTERIM APPEAL OR AT LEAST PRESERVE YOURSELF FROM HARM IF YOU ASSERTED...
|
| 00:21:50 |
Unidentified Speaker, -
THAT, IT IS THE PROCESS ITSELF OF SUBMITTING, AND IT WOULD BE -- IF CONGRESS HAD APPLIED THIS STATUTE TO THE SUPREME COURT OF THE UNITED STATES OR...
|
| 00:22:32 |
Unidentified Speaker, -
DISPUTE INVOLVES BRINGING THE PRESIDENT AND THE VICE PRESIDENT INTO COURT TO DEFEND THEMSELVES WITH RESPECT TO TEX KUHLELY COMMITTED OBLIGATIONS AND RESPONSIBILITIES...
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| 00:22:47 |
Unidentified Speaker, -
THAT I'VE EXPERIENCED, AND I SUBMIT THIS COURT HAS EXPERIENCED, EXCEPT PERHAPS U.S. VERSUS NIXON, MAYBE ANOTHER CASE, DID NOT INVOLVE THOSE CIRCUMSTANCES....
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| 00:24:02 |
Unidentified Speaker, -
R TURNED OVER WERE, AS I RECALL, DOCUMENTS THAT WOULD HAVE BEEN AVAILABLE UNDER FOYA, IS THAT RIGHT? ONLY THOSE? >> YES, JUSTICE SCALIA, THEY WOULD HAVE...
|
| 00:24:58 |
Unidentified Speaker, -
INFORMATION TURNED OVER COULD HAVE BEEN GOTTEN UNDER FOYA. >> THERE WAS MORE THAN
|
| 00:25:04 |
Unidentified Speaker, -
ONE ACTION. THERE WERE SEVERAL FOYA ACTIONS BROUGHT AGAINST THE VARIOUS DIFFERENT DEPARTMENTS. >> OTHER REQUESTS, THE REQUEST IN THIS CASE, WASN'T IT...
|
| 00:25:25 |
Unidentified Speaker, -
BUT DOCUMENTS HAVING ALREADY BEEN PRODUCE AND MADE TO THE PUBLIC UNDER FOYA, IT SEEMS TO THE GOVERNMENT THAT WOULD BE FOOL HARDY AND
|
| 00:25:38 |
Unidentified Speaker, -
UNNECESSARY TO PRODUCE ANOTHER SET OF THOSE DOCUMENTS. >> WERE
|
| 00:25:46 |
Unidentified Speaker, -
THESE DEVELOPMENTS PRODUCEED BY AGENCIES OR ENERGY POLICY GROUP? >> THEY WERE PRODUCED BY AGENCIES. >> SO THERE'S NO DISCOVERY POLICY GROUPS OF AND...
|
| 00:26:06 |
Unidentified Speaker, -
CHIEF JUSTICE, MAY IT PLEASE THE COURT, THE SPECIAL QUESTION BEFORE THE COURT IS WHETHER THE COURT OF APPEALS CORRECTLY RULED IT LACKED JURISDICTION
|
| 00:26:17 |
Unidentified Speaker, -
OVER PISHNERS' ATTEMPT TO
|
| 00:26:19 |
Unidentified Speaker, -
CONTAIN INTERLOCKING REVIEW OVER THE DISTRICT COURT'S
|
| 00:26:22 |
Unidentified Speaker, -
ORDER. IN SEEKING REVIEW IN THIS COURT,
|
| 00:26:24 |
Unidentified Speaker, -
PETITION NERS PAINT A PICTURE OF HAVING BEEN BACKED INTO A CORNER. THEY CLAIM
|
| 00:26:29 |
Unidentified Speaker, -
THAT IF THEY DO NOT OBTAIN IMMEDIATE APPELLATE REVIEW, THAT THEY WILL LOSE ALL MEANINGFUL OPPORTUNITY TO OBTAIN REVIEW OF THE LEGAL POSITIONS THEY HAVE...
|
| 00:27:21 |
Unidentified Speaker, -
POSITION CAN BE -- HERE, THE POSITION IS NO DISCOVERY OF ANY KIND WHATSOEVER, OTHER
|
| 00:27:28 |
Unidentified Speaker, -
THAN THE PREVIOUSLY PRODUCED DOCUMENTS. >> I THOUGHT IT YOUR BRIEF DID RELY ON THE FACT THAT EXECUTIVE PRIVILEGE HAD BEEN CLAIMED. THAT DOES NOT SEEM...
|
| 00:28:01 |
Unidentified Speaker, -
DIFFERENCE. >> THERE'S A POSITION THAT ONE WOULD SAY IT MAKES A DOINCHES THIS EXTENT. UNTIL EXECUTIVE PRIVILEGE HAS BEEN CLAIM AND RULED
|
| 00:28:12 |
Unidentified Speaker, -
UPON, THE EXTENT TO WHICH THEY HAVE A PLAUSIBLE SEPARATION OF POWERS ARGUMENT IS NOT CLEAR. I MEAN, WE COULD TAKE THAT
|
| 00:28:19 |
Unidentified Speaker, -
PASSION, I TAKE IT, YOU WOULD AGREE? >> YES, THAT WOULD REQUIRE
|
| 00:28:23 |
Unidentified Speaker, -
ACCEPTING THE NOTION THAT EVERYTHING ELSE --
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| 00:28:27 |
Unidentified Speaker, -
THEY CAN REFUSE TO TURN OVER EVERYTHING ELSE, WHICH IS ESSENTIALLY THEIR POSITION HERE. THE SOLICITOR GENERAL'S BRIEF IS VERY CLEAR. NO DISCOVERY, PERIOD...
|
| 00:28:42 |
Unidentified Speaker, -
ONLY APPLICABLE TO CERTAIN MATTERS AND THAT IT IS THE FUNCTION OF THIS COURT TO DECIDE WHAT IT CAN BE ASSERTED FOR AND WHAT IT CAN'T BE ASSERTED FOR....
|
| 00:28:57 |
Unidentified Speaker, -
FEELS HE IS THREATENED HE CAN SIMPLY REFUSE TO COMPLY WITH A COURT ORDER. AND THE SAME THING WITH CONGRESS. AND IT ENDS UP IN A, YOU KNOW, A STRUGGLE...
|
| 00:30:01 |
Unidentified Speaker, -
OF THE STATUTE IS COMPLETELY RIGHT. ASSUME THAT. >> YES. >> I DON'T KNOW YOU DON'T WANT TO DO THAT, BUT ARGUMENT'S SAKE. THEY'RE ASKING FOR A SEPARATE...
|
| 00:30:16 |
Unidentified Speaker, -
THE VICE PRESIDENT AND PRESIDENT AND NOBODY ELSE TO TAKE AN APPEAL FROM DOICEKFERRY. NOW, EXECUTIVE PRIVILEGE IN MY MIND CAME IN BY ASKING
|
| 00:30:25 |
Unidentified Speaker, -
SHOULDN'T THEY AT LEAST HAVE TO ASSERT THAT
|
| 00:30:27 |
Unidentified Speaker, -
IT'S THAT KIND OF IMP POSITION -- IMPOSITION UPON THE PRESIDENT'S OFFICE TRYING TO BEING ABLE TO CARVE OUT UNDER WHATEVER NAME A SEPARATE EXCEPTION THAT...
|
| 00:31:05 |
Unidentified Speaker, -
THE DISCOVERY IS GOING TO TAKE PLACE, THAT'S THE TIME IN WHICH THE GOVERNMENT SHOULD HAVE TAKEN AN APPEAL IF THEY CLAIMED SOME SORT OF IMMUNETY -- >>...
|
| 00:31:36 |
Unidentified Speaker, -
OF AN IMMUNITY DEFENSE FOR WHICH THERE IS AN EXCEPTION UNDER THE COLLATERAL ORDER RULE. I DISAGREE WITH THE MERITS OF THAT, BUT THAT'S THEIR ARGUMENT....
|
| 00:31:45 |
Unidentified Speaker, -
TAKEN THE APPEAL. >> I WONDER ABOUT -- I CAN SEE YOU COMING UP HERE, EVERYONE KNOWS THE MOTION TO DISMISS WAS DENIED, THERE'S BEEN NO DISCOVERY YET,...
|
| 00:32:08 |
Unidentified Speaker, -
DISCOVERY ORDER. THAT'S SIGNIFICANT. THE MERE DENIAL OF THE MOTION TO DISMISS DID NOT AUTOMATICALLY DETERMINE THAT THERE WOULD BE A DISCOVERY
|
| 00:32:19 |
Unidentified Speaker, -
ORDER. THEY FOUND IN ACCORDANCE WITH THE ORDER THEY'RE DISCOVERY WOULD BE INAPPROPRIATE SO THAT IS A NEW INJURY TO THE EXECUTIVE
|
| 00:32:29 |
Unidentified Speaker, -
WHICH THEY'RE TRYING TO BRING UP HERE. >> THE PRINCIPLE GROUNDS ON WHICH THE DISTRICT COURT REFUSED TO DISMISS THE CASE WAS DISCOVERY WAS REQUIRED...
|
| 00:32:55 |
Unidentified Speaker, -
OFFERED IN EVIDENCE THE EXECUTIVE ORDER CREATING THE TASK FORCE AND THE COPY OF THE FINAL REPORT. >> WHY
|
| 00:33:05 |
Unidentified Speaker, -
WASN'T THAT THE END OF THE CASE? >> AS I UNDERSTAND IT, DISCOVERY IS JUST WHAT YOU WANT AT THE END OF THE CASE. >> NO, YOUR HONOR. >>
|
| 00:33:12 |
Unidentified Speaker, -
WHAT RELIEF CAN YOU GET IF YOU WIN THE LAWSUIT? >> IF YOUR HONORS WILL LOOK AT -- >> TELL ME WHAT RELIEF YOU CAN GET IF YOU WIN THE LAWSUIT. >> A DECLARATION...
|
| 00:33:25 |
Unidentified Speaker, -
TO APPLY. WE THEN GET ACCESS TO ALL
|
| 00:33:27 |
Unidentified Speaker, -
DRAFTS -- >> YOU GET DISCOVERY. >> NO, YOUR HONOR.
|
| 00:33:31 |
Unidentified Speaker, -
SOME OF THE THINGS WE
|
| 00:33:32 |
Unidentified Speaker, -
GET -- >> YOU GET MORE DISCOVERY, WHAT DO
|
| 00:33:38 |
Unidentified Speaker, -
YOU GET IF YOU WIN THE
|
| 00:33:40 |
Unidentified Speaker, -
SFLUTE >> COPIES OF ALL THE PAPERS THAT WERE EXCHANGED IN THE ENTIRE ADVISORY -- >>
|
| 00:33:44 |
Unidentified Speaker, -
DID YOU NOT ASK FOR THOSE IN DISCOVERY? >> WE HAVE ASKED
|
| 00:33:49 |
Unidentified Speaker, -
FOR DOCUMENT
|
| 00:33:50 |
Unidentified Speaker, -
REQUESTS WHICH THE GOVERNMENT CONTENDS ARE VERY BROAD AND COULD INCLUDE SOME
|
| 00:33:54 |
Unidentified Speaker, -
OF THOSE THINGS. >> ARE THEY RIGHT? >> THEY COULD BE INTERPRETED AS BEING RIGHT, BUT NOT IN LIGHT OF WHAT THE DISTRICT COURT SAID
|
| 00:34:01 |
Unidentified Speaker, -
IN HIS ORDER DENYING THE MOTION TO DISMISS. HE SAID WE'RE GOING TO HAVE VERY NARROW TAILORED DISCOVERY,
|
| 00:34:07 |
Unidentified Speaker, -
DESIGNED TO FIND OUT FIRST AND
|
| 00:34:09 |
Unidentified Speaker, -
FOREMOST IS A DE FACTO OFFICER APPLICABLE. IF YOU LOOK AT OUR PLAN OF DISCOVERY -- >> WHAT IS THIS DE FACTO
|
| 00:34:16 |
Unidentified Speaker, -
OFFICER. WHERE
|
| 00:34:17 |
Unidentified Speaker, -
DOES THAT COME FROM? >> A CASE THAT WAS DECIDED IN THE D.C. CIRCUIT IN 1993. >> IT DID NOT INVOLVE THIS PARTICULAR EXCEPTION? IT DID NOT INVOLVE A COMMITTEE...
|
| 00:34:35 |
Unidentified Speaker, -
FORCE WAS COMPOSED ENTIRELY OF GOVERNMENT
|
| 00:34:38 |
Unidentified Speaker, -
EMPLOYEES AND WORKING SUBGROUPS WERE ALSO COMPOSED ENTIRELY OF GOVERNMENT EMPLOYEES. THE
|
| 00:34:43 |
Unidentified Speaker, -
FIRST QUESTION WAS, WAS THE FIRST LADY A GOVERNMENT EMPLOYEE. >> I UNDERSTAND, BUT THE WORKING GROUPS, THEY WERE FOUND NOT TO BE GOVERNMENT EMPLOYEES....
|
| 00:34:52 |
Unidentified Speaker, -
THEY WERE FOUND SUFFICIENTLY UNCLEAR THAT THE COURT OF APPEALS SENT THE MATTER BACK FOR DISCOVERY. >> AND THEY WERE IDENTIFIED IN THE ORDER APPOINTING...
|
| 00:35:07 |
Unidentified Speaker, -
THIS COMMITTEE ARE NOT PEOPLE WHO
|
| 00:35:12 |
Unidentified Speaker, -
THEY REPORT TO BE? PEOPLE NOT NAMED IN THE ORDER ARE
|
| 00:35:17 |
Unidentified Speaker, -
MEMBERS. >> WHICH WERE SPECIFICALLY AUTHORIZED -- >> WHICH IS DIFFERENT THAN THE OTHER CASE. >> IT'S ARGUABLY DIFFERENT, BUT AS JUSTICE GINSBURG SAID...
|
| 00:35:38 |
Unidentified Speaker, -
BEEN ALLOWED TO PASS -- >>
|
| 00:35:41 |
Unidentified Speaker, -
WE CAN'T TINKER WITH THE COURT OF APPEALS HAS
|
| 00:35:43 |
Unidentified Speaker, -
DONE, EVEN IF WE DISAGREE WITH THEM. >> IT HASN'T DONE ANYTHING, YOUR HONOR. IT HAS NOT RULED ON THIS DOCTRINE AT ALL. THE COURT OF APPEALS DECIDED NOTHING...
|
| 00:36:02 |
Unidentified Speaker, -
WRONG? >> I SAID IN EXERCISING YOUR DISCRETION, IT WOULD BE APPROPRIATE TO ALLOW THE COURT OF APPEALS IN THE FIRST INSTANCE TO PASS ON
|
| 00:36:08 |
Unidentified Speaker, -
IT. JUSTICE RANDOLPH, BY THE WAY, THOUGHT IN HIS DISSENTING
|
| 00:36:16 |
Unidentified Speaker, -
OPINION WAS ONLY TO DISTINGUISH THE TWO CASES WAS TO OVERRULE THE PRIOR DECISION. HE MAY OR MAY NOT BE RIGHT, BUT -- >>
|
| 00:36:23 |
Unidentified Speaker, -
WHY ISN'T THE COURT OF APPEALS WRONG ON THAT. THE ARGUMENT BEING, THIS IS NOT A DISCOVERY STATUTE. THIS IS NOT AN EX PARTE COMMUNICATIONS STATUTE. THIS...
|
| 00:36:43 |
Unidentified Speaker, -
LATTER, YOU WILL STOP EVERY LOWER OFFICIAL IN GOVERNMENT FROM GETTING ON THE PHONE AND CALLING UP WHOEVER HE PLEASES. YOU UNDERSTAND THAT ARGUMENT....
|
| 00:37:14 |
Unidentified Speaker, -
LEVEL OF FORMALITY. WE CONCEDE BOTH THIS COMMITTEE AND EXECUTIVE OFFICE OF THE PRESIDENT CAN CALL ANYONE THEY WANT AND ANYTIME WITHOUT TRIGGERING FACA....
|
| 00:37:55 |
Unidentified Speaker, -
|
| 00:37:56 |
Unidentified Speaker, -
VOTED. >>
|
| 00:37:58 |
Unidentified Speaker, -
WE BELIEVE THAT IF OUTSIDERS@@@@@@@@@ @ R
|
| 00:38:37 |
Unidentified Speaker, -
ADVICE. SUDDENLY THAT PRIVATE MEMBER BECOMES A MEMBER OF THE COMMITTEE, EVEN THOUGH THE GOVERNMENT AGENCY -- >> CONGRESS WAS WELL AWARE OF THIS PROBLEM...
|
| 00:39:16 |
Unidentified Speaker, -
THEY'RE SUPPOSED TO FOLLOW. >> WELL, THE STAFF DIRECTOR'S AFFIDAVIT, WHICH APPEARS IN THE
|
| 00:39:32 |
Unidentified Speaker, -
JOINT APPENDIX ON PAGE 76, HE ADMITS AND THE GOVERNMENT ADMITS THAT THERE WERE SUBSTANTIAL NUMBER OF MEETINGS BETWEEN OUTSIDE PEOPLE AND THE TASK FORCE....
|
| 00:39:47 |
Unidentified Speaker, -
TO DISCOVER. >> BUT THAT'S ALL YOU WOULD GET IF YOU WON THE SUIT. AND IT GOES BACK TO JUSTICE STEVENS QUESTION, ISN'T THE POSTURE OF THIS CASE ONE IN...
|
| 00:40:10 |
Unidentified Speaker, -
PROPERLY REIGN-IN DISCOVERY AS THE DISTRICT COURT UNDERSTOOD IT. WE WOULD GET BASIC INFORMATION ABOUT WHO WENT TO THE MEETING, WHO HAD ACCESS TO THE...
|
| 00:40:27 |
Unidentified Speaker, -
THE PRIVILEGE THAT THE GOVERNMENT IS ASSERTING? >> I DO NOT THINK THE GOVERNMENT HAS ANY RIGHT TO WITHHOLD THAT KIND OF INFORMATION IN THIS KIND OF...
|
| 00:40:43 |
Unidentified Speaker, -
THAT INFORMATION, IT MAY CONTINUE TO ASSERT THAT RIGHT. THE DISTRICT COURT WILL THEN PROCEED UNDER RULE 37, ENTER AN ORDER AGAINST IT. IT CAN THEN...
|
| 00:40:53 |
Unidentified Speaker, -
A FINAL JUDGMENT AND THE QUESTION -- >> ONLY IF THE DISTRICT JUDGE ENTERS A DEFAULT.
|
| 00:40:59 |
Unidentified Speaker, -
THAT'S JUST ONE OF MANY OPTIONS. THE DISTRICT JUSTICE ISN'T REQUIRED TO TAKE THAT. >> THAT IS CORRECT. AND THE QUESTION IS SHOULD WE TRY TO ANTICIPATE...
|
| 00:41:17 |
Unidentified Speaker, -
YOU. >> MR. CHIEF JUSTICE, MAY IT
|
| 00:41:24 |
Unidentified Speaker, -
PLEASE THE COURT, WE SUBMIT THERE'S NO JURISDICTION IN THE COURT OF APPEALS TO REVIEW THE DISTRICT COURT'S DISCOVERY ORDERS. BUT ASSUMING FOR PURPOSES...
|
| 00:41:34 |
Unidentified Speaker, -
JURISDICTION, WE RESPECTFULLY SUBMIT THE DISTRICT COURT PROPERLY DENIED THE ORDER TO DISMISS AND IS CONSISTENT WITH
|
| 00:41:43 |
Unidentified Speaker, -
SEPARATION OF POWERS. >> THAT'S ONE THING THAT IS NOT BEFORE US. IS THE DISTRICT COURT'S DENIAL OF THE MOOURT'S DENIAL OF THE MOTION TO DISMISS? >>...
|
| 00:42:05 |
Unidentified Speaker, -
DISMISS, IS MY UNDERSTANDING OF THE GOVERNMENT'S ARGUMENT. >> ARGUING
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| 00:42:12 |
Unidentified Speaker, -
IT'S NOT BEFORE US, THEY ARE ARGUES
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| 00:42:14 |
Unidentified Speaker, -
THE STATUTE DOESN'T APPLY, THERE'S NO DISCOVERY. IT'S WANT ONE UNDER WHICH YOU CAN GO BEHIND CERTIFICATION OF THE PRESIDENT, VICE PRESIDENT, ETC. WE...
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| 00:42:33 |
Unidentified Speaker, -
WAS NECESSARY IN ORDER TO AVOID CONSTITUTIONAL ISSUES THE GOVERNMENT IS RAISING IN THEIR BRIEFS. IN DENYING THE MOTION, THE DISTRICT COURT PROPERLY APPLIED...
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| 00:42:44 |
Unidentified Speaker, -
CIRCUIT PRECEDENT, ALLOWING FOR DE FACTO
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| 00:42:47 |
Unidentified Speaker, -
MEMBERSHIP DOCTRINE WE HAVE TALKED ABOUT. THE
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| 00:42:49 |
Unidentified Speaker, -
DISTRICT COURT THOUGHT IF DISCOVERY YIELDED INFORMATION THAT WOULD SHOW THERE WAS NO INVOLVEMENT IN PRIVATE INDIVIDUALS IN THE TASK FORCE, THEN THERE...
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| 00:43:21 |
Unidentified Speaker, -
SITTING THERE NEXT TO SOMEBODY ELSE WHO HAS EVEN HAD A FULL COMMITTEE MEETING. IT CAN'T BE SITTING NEXT TO THE CABINET MEMBER. >> I THINK THE COURT...
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| 00:43:50 |
Unidentified Speaker, -
OR NOT THERE IS ANYTHING THAT FUNCTIONALLY DISTINGUISHES THE MEMBER -- THE DE FACTO
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| 00:43:55 |
Unidentified Speaker, -
MEMBERS FROM THE ACTUAL. >> THERE IS, THE VOTE. LET'S ASSUME THAT'S THE ONLY THING THAT DISTINGUISHES THEM, THE VOTE, ISN'T THAT ENOUGH? >> IT COULD...
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| 00:44:08 |
Unidentified Speaker, -
FACTO MEMBERS, YOU ARE TALKING ABOUT DE FACTO PARTICIPANTS. THAT'S DIFFERENT. >> IN THIS PARTICULAR INSTANCE, THERE WAS ONE ALLEGATION WE SET FORTH...
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| 00:44:16 |
Unidentified Speaker, -
OF POLICY RECOMMENDATIONS THAT WERE CONVEYED TO THE VICE PRESIDENT, AND THOSE RECOMMENDATIONS DID END
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| 00:44:22 |
Unidentified Speaker, -
UP MIRRORING RECOMMENDATIONS. >> EXACTLY. NOW, THEIR PROBLEM WITH YOUR
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| 00:44:26 |
Unidentified Speaker, -
INTERPRETATION OF THE STATUTE, I TAKE IT, IS THE FOLLOWING. FORGET THE VICE PRESIDENT. YOU ARE ASSISTANT SECRETARY OF
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| 00:44:33 |
Unidentified Speaker, -
ANTITRUST. >> THAT'S CORRECT. >> YOU ARE ASSISTANT SECRETARY OF H.H.S., IN CHARGE OF DRUG POLICY. YOU ARE TRYING TO DEVELOP A LEGISLATIVE PROPOSAL....
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| 00:44:44 |
Unidentified Speaker, -
CONGRESS, GIVEN SUCH A TASK, WOULD PHONE EVERYONE IN SIGHT WHO KNOWS ABOUT IT, OUTSIDE THE CONGRESS, TO TRY TO DEVELOP SOUND PROPOSALS, AND IF IT'S
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| 00:44:53 |
Unidentified Speaker, -
A SERIOUS MATTER, THEY HAVE
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| 00:44:55 |
Unidentified Speaker, -
50 MEETINGS WITH EVERYBODY UNDER THE SUN, AND IF YOU ASSIGNED THE SAME THING, TRY TO DO THE SAME THING UNDER YOUR INTERPRETATION OF THE ACT, EVERY...
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| 00:45:58 |
Unidentified Speaker, -
BEFORE IT, BEFORE THE REQUIREMENTS OF
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| 00:46:01 |
Unidentified Speaker, -
THE STATUTE BEGIN TO APPLY. CIRCUIT
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| 00:46:03 |
Unidentified Speaker, -
COURT PRECEDENT, INCLUDING NADER VERSUS BARUDI CASE, HELD EXACTLY THAT. THERE CANNOT BE AD HOC COMMITTEE MEMBERS -- >> EXPLAIN THE DEGREE OF FORMTY THAT...
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| 00:46:41 |
Unidentified Speaker, -
DIVISION AND SAYS, I WANT A LEGISLATIVE
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| 00:46:45 |
Unidentified Speaker, -
PROPOSAL ABOUT WEB PALMRY. YOU GET TOGETHER WITH YOUR COUNTER PART AT STATE, CREATE AN INTERAGENCY TASK FORCE, AND GIVE ME A DOCUMENT, AND HE ANNOUNCES...
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| 00:46:59 |
Unidentified Speaker, -
APPLICATION, IN YOUR OPINION, OF FACA THAT WOULD TRIGGER THE QUESTIONS I MENTIONED? >> THAT MAY TRIGGER THE QUESTIONS THAT WE MADE. AND I THINK THERE'S...
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| 00:47:25 |
Unidentified Speaker, -
SUBORDINATE WORKING GROUPS. THERE IS NOTHING IN THAT DOCUMENT THAT LIMITS SUBORDINATE WORKING GROUPS TO CONSISTENT ONLY -- >> IF THE INTERAGENCY TASK...
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| 00:47:55 |
Unidentified Speaker, -
TASK FORCE, AND IF THE IDEA BEHIND CREATING THAT TASK FORCE ALLOWED FOR IN THE APS CASE OUTSIDE CONSULTANTS OR CONSULTANTS OF UNDETERMINED ORIGIN,...
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| 00:48:12 |
Unidentified Speaker, -
BE FEDERAL EMPLOYEES OR NOT FEDERAL EMPLOYEES, IN THAT INSTANCE, REQUIREMENTS OF THE STATUTE COULD BE TRIGGERED. >> MOST SUBGROUPS WOULD REPORT TO...
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| 00:48:39 |
Unidentified Speaker, -
IS THE COMMITTEE. >> THAT COULD VERY WELL BE. WHETHER THEY REPORTED TO THE COMMITTEE -- >> SO -- >> THAT'S FINE, WHO THEY REPORT TO, THEY ARE NOT THE...
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| 00:48:49 |
Unidentified Speaker, -
ARE NOT THE COMMITTEE, BUT FACA INCLUDES WITHIN ITS DEFINITION OF AN ADVISORY COMMITTEE
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| 00:48:53 |
Unidentified Speaker, -
ANY SUBGROUPS OR WORKING GROUPS OF A COMMITTEE. >> WELL, IF THE STATUTE REQUIRES DISCLOSURE OF ALL
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| 00:49:00 |
Unidentified Speaker, -
THESE THINGS, AT THE END OF THE DAY,
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| 00:49:03 |
Unidentified Speaker, -
AS A FINAL ORDER, AND
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| 00:49:06 |
Unidentified Speaker, -
DISCOVERY, WHEN THEY ARE HIT WITH A DISCOVERY ORDER,
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| 00:49:09 |
Unidentified Speaker, -
IT GIVES THEM ALL THE SAME INFORMATION, WHY ISN'T THE GOVERNMENT RIGHT, THAT THIS REALLY IS THE ESSENCE OF THE SUIT AND WE SHOULD HEAR THE MERITS OF...
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| 00:49:18 |
Unidentified Speaker, -
IT IS THE ESSENCE OF THE SUIT. I THINK THE APPELLATE COURT GAVE SOME STRONG ADVICE TO THE DISTRICT COURT TO LIMIT DISCOVERY TO TWO POINTS, REALLY....
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| 00:49:38 |
Unidentified Speaker, -
IMPROPERLY BEFORE IT. >> I THINK A SIGNIFICANT POINT TO BE CONSIDERED IN THAT REGARD, THE GOVERNMENT DID NOT OBJECT TO THE SCOPE OF THE DISCOVERY, AS...
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| 00:49:51 |
Unidentified Speaker, -
PARTICULARIZED OBJECTIONS, INCLUDING PRIVILEGES, BUT NOT JUST PRIVILEGES, ALSO OBJECTIONS AS TO SCOPE, RELEVANCE, MATERIALITY, THE USUAL LONG LITANY...
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| 00:49:59 |
Unidentified Speaker, -
DISCOVERY OBJECTIONS THAT ANY PARTY IS ABLE TO. THEY DECLINED THAT OPPORTUNITY. THE DISTRICT COURT WAS VERY CAREFULLY -- I THINK HE BENT OVERBACKWARDS...
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| 00:50:38 |
Unidentified Speaker, -
THE STATUTE APPLIES, AND SECONDLY, IN ORDER TO NARROW ANY CONSTITUTIONAL ISSUES THAT IT MIGHT
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| 00:50:43 |
Unidentified Speaker, -
HAVE TO CONSIDER IF THE STATUTE DID APPLY. >> IN ANY CASE, THEY DID NOT AVAIL THEMSELVES OF THE OPPORTUNITY THAT THE COURT OF APPEALS HAS CLEARLY GIVEN...
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| 00:51:06 |
Unidentified Speaker, -
UNDER THE STATUTE. IN ORDER TO ESTABLISH THAT, YOU HAVE TO SHOW CLEAR RIGHT TO JURISDICTIONAL DEFECT, SOMETHING ALONG THAT. YOU DON'T NORMALLY FILE
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| 00:51:16 |
Unidentified Speaker, -
A MANDAMUS ACTION, THEN GET
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| 00:51:19 |
Unidentified Speaker, -
SKOER TO SEE WHETHER YOU ARE ENTITLED. >> JUSTICE STEVENS, WE HAD SEVERAL DIFFERENT ACCOUNTS IN OUR COMPLAINT. FIRST OF ALL, WE DID ASSERT FACA DISMISSED....
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| 00:51:42 |
Unidentified Speaker, -
AND NEITHER IS THE GROUP. >> WELL, THE REASONING BEHIND THE APA CLAIM. >> THE ONLY VIABLE CLAIM YOU HAD WAS THE
|
| 00:51:50 |
Unidentified Speaker, -
MANDAMUS CLAIM, AS I UNDERSTAND IT. >> WELL,
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| 00:51:53 |
Unidentified Speaker, -
THE APA CLAIM IS IT CONTINUING, WITH RESPECT TO THE AGENCY DEFENDANTS. THE HEADS --
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| 00:51:58 |
Unidentified Speaker, -
I SHOULDN'T SAY -- >> THEY HAVE GIVEN
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| 00:52:01 |
Unidentified Speaker, -
YOU DISCOVERY YOU ASKED FOR? >>
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| 00:52:03 |
Unidentified Speaker, -
ACTUALLY -- >> THE GROUP REFUSES TO GIVE
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| 00:52:05 |
Unidentified Speaker, -
ANY DISCOVERY, AND IF I UNDERSTAND THEIR POSITION, IF
|
| 00:52:08 |
Unidentified Speaker, -
WE GIVE YOU DISCOVERY, THAT'S THE SAME AS GIVING YOU THE VICTORY IN THE LAWSUIT. >> THE AGENCY DEFENDANTS HAVE GIVEN SOME
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| 00:52:14 |
Unidentified Speaker, -
SOME DISCOVERY, BUT AT THE SAME TIME, THEY ALSO ASSERTED OBJECTIONS AS TO EXECUTIVE PRIVILEGE AND
|
| 00:52:21 |
Unidentified Speaker, -
DELIBERATIVE PROCESS. TO ANSWER THE QUESTION, THEY
|
| 00:52:23 |
Unidentified Speaker, -
DID NOT GIVE US INFORMATION
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| 00:52:25 |
Unidentified Speaker, -
ABOUT WHAT ROLE, IF ANY, INDEPENDENT, PRIVATE INDIVIDUALS PLAYED IN DELIBERATION OF THE TASK FORCE. >> COULD YOU JUST EMBELLISH
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| 00:52:33 |
Unidentified Speaker, -
YOUR ANSWER TO JUSTICE STEVENS' QUESTION A LITTLE BIT, AND THAT IS, IF YOU GET SOME DISCOVERY AND YOU WIN YOUR CASE, WHAT DO YOU GET WHEN YOU WIN THAT...
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| 00:52:53 |
Unidentified Speaker, -
TO -- JUST AS A COMPARISON TO THE DISCOVERY, THAT WAS -- >> WHATEVER THE DISCOVERY IS, WHATEVER THE DISCOVERY IS. YOU GET ENOUGH DISCOVERY TO WIN YOUR...
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| 00:53:13 |
Unidentified Speaker, -
TO THE NARROWING THAT THE APPELLATE COURT SUGGESTED, NONE OF
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| 00:53:19 |
Unidentified Speaker, -
THAT INFORMATION, I BELIEVE, WOULD BE SOMETHING THAT WE WOULD GET UNDER THE STATUTE IF WE WERE TO WIN. UNDER THE STATUTE, WE ARE ENTITLED TO BASICALLY...
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| 00:53:33 |
Unidentified Speaker, -
PROPERLY APPLIED EXEMPTIONS OF FOYA. >> YOU ARE SAYING, YOU GET MORE DISCOVERY? >> I WOULDN'T -- NO, WE DON'T GET MORE DISCOVERY. >> WHAT DO THESE DOCUMENTS...
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| 00:53:56 |
Unidentified Speaker, -
INTERROGATORIES, WE WOULDN'T GET ANSWERS. >> SO YOU GET DOCUMENTS. >>
|
| 00:53:59 |
Unidentified Speaker, -
WE WOULD GET DOCUMENTS. >> WHAT DOCUMENTS WOULD YOU GET? >> WE WOULD GET, I BELIEVE,
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| 00:54:03 |
Unidentified Speaker, -
THE STATUTE ALLOWS DISCLOSURE OF ALL OF THE DOCUMENTS OF THE TASK FORCE, SUBJECT TO THE LIMITATIONS
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| 00:54:09 |
Unidentified Speaker, -
OF FOYA. THE DOCUMENTS ARE PRODUCED AS IF THE TASK FORCE WAS AN AGENCY SUBJECT TO FOYA, AND ALL THE EXEMPTION OF FOYA APPLIES, I
|
| 00:54:18 |
Unidentified Speaker, -
BELIEVE. >>
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| 00:54:19 |
Unidentified Speaker, -
SO YOU WOULD GET
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| 00:54:20 |
Unidentified Speaker, -
BROAD DISCLOSURE, IS WHAT YOU ARE
|
| 00:54:23 |
Unidentified Speaker, -
SAYING. >> THAT'S RIGHT. I THINK DISCOVERY AS SUGGESTED OR NARROWED BY THE APPELLATE COURT IS MUCH SMALLER SUBSET OF THE INFORMATION WE WOULD GET IF WE...
|
| 00:54:41 |
Unidentified Speaker, -
MERE UNSUPPORTED ALLEGATIONS.
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| 00:54:43 |
Unidentified Speaker, -
THAT IS A FALSE STATEMENT IN OUR VIEW. IN ORDER TO SUPPORT OUR CLAIMS, WE ARE RELYING FIRST AND FOREMOST ON THE STATEMENT IN THE MEMORANDUM CREATING...
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| 00:54:57 |
Unidentified Speaker, -
DISCRETION TO CREATE SUBORDINATE WORKING GROUPS. THEN, WE ALSO ATTACHED SEVERAL STATEMENTS, ACKNOWLEDGMENTS BY THE GOVERNMENT THAT DESCRIBED MEETINGS...
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| 00:55:55 |
Unidentified Speaker, -
IT DOESN'T SEEM TO ME. >> WELL, IF YOU PUT THAT TOGETHER, THE ALLEGATIONS OF THE
|
| 00:56:00 |
Unidentified Speaker, -
INDIVIDUALS MET WITH, WITH THE STATEMENT IN THE MEMORANDUM THAT ALLOWS THE
|
| 00:56:03 |
Unidentified Speaker, -
VICE PRESIDENT DISCRETION TO CREATE WORKING GROUPS, WE THINK IT DOES AT LEAST RAISE A SIGNIFICANT QUESTION AS TO WHETHER OUTSIDE INDIVIDUALS WERE PARTICIPATING...
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| 00:56:11 |
Unidentified Speaker, -
WORKING GROUPS AND PARTICIPATING IN THE COMMITTEE AS A
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| 00:56:17 |
Unidentified Speaker, -
WHOLE. IN ANY EVENT, THE DISTRICT COURT FIRMLY BELIEVES IT NEEDED THIS DISCOVERY IN ORDER TO ANSWER THESE QUESTIONS. I SEE MY TIME IS UP. >> YOU HAVE...
|
| 00:56:55 |
Unidentified Speaker, -
|
| 00:56:57 |
Unidentified Speaker, -
BY OTHERS, I DON'T HAVE TIME TO READ REQUEST FOR SDMITIONS, BUT THOSE REQUIRE ALL INFORMATION WITH RESPECT TO ANY CONTACTS AT ALL BETWEEN ANY MEMBER...
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| 00:57:11 |
Unidentified Speaker, -
ASSISTED WITH IT OR ANY AGENCY. >> ALL WITHIN THE SCOPE. >> THAT'S PRETTY BROAD, BUT THEN IT SHOULD BE NARROWED DOWN, BUT IT SHOULD BE WHATEVER IS NECESSARY...
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| 00:57:43 |
Unidentified Speaker, -
THINGS THAT WERE ACTUALLY CONSIDERED BY THE
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| 00:57:45 |
Unidentified Speaker, -
COMMITTEE, SO THE DISCOVERY IS VASTLY BROADER THAN THE RELIEF THAT WOULD BE AVAILABLE. >> DISCOVERY, TWO ISSUES, AND ONE WAS WHAT NONFEDERAL OFFICES ...
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| 00:58:21 |
Unidentified Speaker, -
BE THE NATURE OF THE DISCOVERY PERMISSIBLE. >> OF COURSE, BUT THAT'S EXACTLY WHAT REQUEST FOR ADMISSIONS AND INTINTERROGATORYTORIES SEEK. ALL CONTACTS,...
|
| 00:58:44 |
Unidentified Speaker, -
ISN'T IT? THEY WANT STUFF ON DISCOVER THAT HAD TO DO WITH WHO SAID WHAT TO WHO, AND IF THEY WIN, THEY GET DIFFERENT SET OF THINGS, WHICH ARE THE DOCUMENTS...
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| 00:59:04 |
Unidentified Speaker, -
GET UNDER FACA AND A WHOLE LOT MORE. THERE'S NO QUESTION ABOUT THAT. WITH RESPECT TO THE SUBORDINATE WORKING GROUPS, A POINT WAS MADE WITH RESPECT...
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| 00:59:16 |
Unidentified Speaker, -
THE VICE PRESIDENT MAY ESTABLISH SUBORDINATE WORKING GROUPS TO ASSIST. THE DECLARATION IN THE FILE, PAGE 240 OF THE JOINT APPENDIX, SPECIFICALLY SAYS...
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| 01:02:07 |
Unidentified Speaker, -
THIS
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.