Updated -- Bill Barr's Now Thwarted "Star Chamber" Policing / "Commission Report": Judge Bates Hands Down Two More Clarifying Federal Orders

The still-sitting tenant, in our house, located at 1600 Pennsylvania (through Attorney General William Barr's offices) was running a secret "star chamber" -- to revamp (and largely militarize) local policing in America -- in direct violation of applicable federal open meetings (and other) laws. Quite rightly, the NAACP Legal Defense Fund sued to end it, and unsurprisingly, won an injunction, at the beginning of last month in the DC District courts. [Backgrounder here.]

Overnight, the able Judge Bates issued a memorandum opinion, and a separate order -- essentially preventing Barr/Trump from publishing any report unless the report opens with a copy of his order saying they willfully violated the law, and essentially saying the report lacks any semblance of balance.

I predict the report will never issue. The NAACP secured a complete victory, here -- and ought to be awarded its attorneys' fees. Moreover, since Trump is likely out of office shortly, the November 16 next status date will likely see the government agree to drop any objection to dumping the report. What a waste of our taxpayer money -- all so Trump could attempt to militarize the streets of our larger cities. Damnation. But it will not come to pass. Here's the bit, from that latest overnight memorandum opinion:

. . . .This Court recently granted plaintiff NAACP Legal Defense and Educational Fund’s (“LDF”) motion for summary judgment on several of its claims that defendants violated the Federal Advisory Committee Act (“FACA”) in forming and operating the Presidential Commission on Law Enforcement and the Administration of Justice (“Commission”). The Court must now determine the appropriate remedy. Upon consideration of the parties’ proposals, and for the reasons set forth below, the Court will prohibit defendants from releasing the Commission’s report unless they first comply with FACA; or alternatively, if they do not, they must include a clear statement in the report that the Commission violated FACA and attach the Court’s remedial order. . . .

If defendants want to release the Commission’s report without a disclaimer detailing their FACA violations, they must comply with FACA. As previously ordered, compliance with FACA means the Commission must file a charter and provide timely notice of future meetings in the Federal Register, and the Attorney General must select a designated federal officer for the Commission. See Oct. 1 Order. The Attorney General must also take steps necessary to ensure the membership of the Commission is fairly balanced, and that new members can meaningfully participate in the Commission’s work. See Cummock v. Gore, 180 F.3d 282, 291 (D.C. Cir. 1999) (noting that an advisory committee may be “effectively unbalanced” if some members are “precluded from meaningful participation”). . . .

We are gratified that the NAACP stood up for all of us. We think this ill-starred, wrong-headed and lawless militarized police idea will now die on the vine. [At left, while Trump held one of his Star Chamber commission meetings in Kenosha, Wisconsin. . . I signed up new voters, relying on a vintage BHO shirt to open the doors, in the 'hood. It did. Grins. . . .] And we are optimistic. . . that this hateful, divisive, racist nightmare of four years (not remotely the first, but hopefully the last) in our long history is. . . ending tonight.

नमस्ते