Wednesday, April 16, 2025

[U: Stay, Sought.] USDC Judge Cooper Orders Expedited Discovery From Musk/DOGE -- In CREW's FOIA Case. Woot!


Updated 04.17.2025: DOGE seeks a stay. It will eb denied. End update.

We love it. Elon Musk -- and his malign minions -- will now sit for depos, and squirm under the hot lights, and the real probability of. . . perjury, in their sworn statements.

Could NOT happen to a nicer band of miscreants -- here's the referenced overnight 13 page opinion and order from the able USDC Judge Cooper, in DC -- and a bit:

. . .To briefly summarize: USDS, a unit within the Executive Office of the President, has reportedly spearheaded efforts to terminate federal workers, programs, and contracts across the federal government since President Trump took office in January 2025. Seeking to learn more about USDS, CREW filed two FOIA requests with OMB and one with USDS itself. After CREW sought emergency relief, the Court entered a preliminary injunction ordering expedited processing of the USDS Request, though it declined to order processing of any of the requests by a date certain. CREW I, 2025 WL 752367, at *10–16.

The government then filed a motion for partial reconsideration asking the Court to reconsider the portions of its opinion directing USDS to process the USDS request, provide an estimate of responsive documents, and propose a schedule for expedited processing. CREW II, 2025 WL 863947, at *2. As the basis for its motion, the government argued that the Court had erred by concluding that USDS is likely an agency subject to FOIA. . . .

USDS filed its summary judgment motion, and CREW subsequently moved for limited expedited discovery under Rule 56(d). For the reasons that follow, the Court will grant CREW’s motion in part. . . .

The structure of USDS and the scope of its authority are critical to determining whether the agency is “wield[ing] substantial authority independently of the President.” OA, 566 F.3d at 222. And the answers to those questions are unclear from the record. Resisting this conclusion, the government principally argues that the language of the President’s executive orders indicate that USDS’s function is merely advisory. Opp’n at 4–5. But these executive orders cannot bear the weight the government assigns to them [not without some substantial back up evidence -- from discovery]. . . .

[T]he President’s USDS-related executive orders, far from resolving the question against CREW, in fact suggests that USDS is exercising substantial independent authority. As the Court already noted, the executive order establishing USDS “to implement the President’s DOGE Agenda” appears to give USDS the authority to carry out that agenda, “not just to advise the President in doing so.” CREW I, 2025 WL 752367, at *11. President Trump’s subsequent executive order also “grants the USDS Team Lead the power to keep vacant career positions open unless an agency overrides their decision. . . .”

ORDERED that all depositions be completed within 10 days from the deadline for producing documents. . . .


There you have it. Musk will be laid bare, and under oath, too -- so contempt and perjury will await, if he persists in his prevarications. Onward -- indeed. What a clown show, though, right. . .?

नमस्ते

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