Thursday, June 26, 2025

Winner! Now, A Short Schedule -- For Gov. Newsom To Get Discovery From Miller/Noem/Rubio On LA / Natl. Guard Cases -- And Tangerine's Violation/Abuse of The Old Posse Comitatus Act...


CA Gov. Newsom won a considerable victory while I was in Nashville yesterday.

He now gets to see the Tangerine policies and procedures being used in LA, and beyond. Here's that order:

. . .[Gov. Newsom and the State of California] Plaintiffs have satisfied their burden. A motion for preliminary injunction based on the Posse Comitatus Act is pending, and discovery into the current state of affairs is undeniably relevant to that motion. Defendants suggest that “Plaintiffs’ request for discovery is a concession that, once briefing concluded, they lacked a basis for a preliminary injunction,” Defs.’ Resp. re: Disc. at 4, but this ignores the reality of the rapidly evolving situation on the ground in Los Angeles (and beyond). In addition, Plaintiffs’ discovery request appears to be narrowly tailored, and the burden on Defendants appears to be reasonable.

Plaintiffs’ purpose in requesting expedited discovery is to supplement the record to assist the Court in resolving this important and developing matter. See Pls.’ Supp. Jx. Br. at 7. Finally, the Court does not fault Plaintiffs for making their discovery request in advance of the typical discovery process. While Defendants do not see any “urgency” here, Defs.’ Resp. re: Disc. at 6, the Court does. The Ninth Circuit has left it to this Court to determine whether Defendants’ conduct exceeds their authority under the Posse Comitatus Act, see Stay Order at 13, 37, and the Court will do so. Because Plaintiffs have satisfied their burden, the Court will allow expedited discovery consistent with the schedule outlined in Plaintiffs’ brief. . . .


Sanity is making a comeback, no doubt!

नमस्ते

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