Status Update, On Bill Barr's "Star Chamber" Police Commission Injunction Proceedings, In DC -- NAACP LDF Killing 'Em!

The able Legal Defense Fund lawyers at the NAACP are eating Barr's lunch (and thus, since Barr is acting as the personal lawyer of the occupant of 1600 Penn -- eating his lunch, as well). Here is the overnight 17 page updating status report in full.

Preposterously, the government asserts that because it is "deciding" whether to appeal the limited use injunction, the NAACP ought to be required to tread water, on discovery related to the wilfull violations. Of course, this view is supported by no actual case or statutory authority. The able USDC Judge is likely to take a dim view of this nonsense, by Barr's appointees.

The most likely outcome here is going to be that no report gets published before Barr is gone in January 2021. And the whole dispute will be mooted, as Mr. Biden will just ash can this malfeasance. But we will keep an eye on the DC federal district courthouse, just in case. Here's some of the overnight back and forth:

. . .Defendants’ statement that the Solicitor General is considering an appeal from this Court’s November 2, 2020 order, see infra, is of no consequence. Until and unless an appeal is filed and a stay issued, mere indecision on Defendants’ part does not relieve them of the duty to follow FACA’s requirements and this Court’s order effectuating those requirements. To date, Defendants have not filed a notice of appeal or sought a stay. Nor have they provided any indication that this Court has abused its discretion. It is immaterial, therefore, that Defendants may eventually appeal, and they must now promptly comply with this Court’s order. . . .

Defendants admit -- for the first time -- that they did not employ any procedures to prevent inappropriate influence on the Commission’s work [Ed. Note: from Barr or Trump, himself -- who was present at one such meeting in Kenosha, Wisconsin on Septemberr 1, 2020 -- I actually have video of that propaganda day, by the militarized Trump forces -- and was just outside the high school where they met, as they met. It was also (of course!) closed to all press and/or observers]. They argue, however, that FACA imposes no substantive requirement that advisory committees be free of inappropriate influence. This is wrong. Advisory committees

must be substantively free of inappropriate influence, as courts interpreting FACA have long recognized. See, e.g., In re Cheney, 406 F.3d 723, 727 (D.C. Cir. 2005) (noting that FACA provides that “each such [advisory] committee. . . may not be inappropriately influenced by the appointing authority or by any special interest”). . . .

Is. It. January 21, 2021. . . Yet?! Geez. . . these guys are the worst crooks I've ever seen -- both stupid and ineffectual. Out -- glad we registered so many new voters, using that propaganda event by Barr and Voldemort, as contrasted with the real listening undertaken three days later, by Biden (by invitation!) -- in Kenosha -- to turn Wisconsin blue, anew. Smile. . .

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