It avoids all the name-calling and simply bounces the MAGA US Atty Boutros -- on the well-settled, black letter federal law. Do read it all (as a 17 page PDF), but here is a bit:
. . .There can be no dispute that the Government has been on notice of this matter for over two years. First, as Evanston’s Program is one of the first of its kind, Plaintiffs’ lawsuit received substantial local and national media coverage. See, e.g., Jonathan Bullington and Alex Hulvalchick, Conservative group files lawsuit over Evanston reparations program, CHICAGO TRIBUNE (May 31, 2024) (available at https://www.chicagotribune.com/2024/05/24/conservativegroup-files-lawsuit-over-evanston-reparations-program/); Andy Rose, Evanston’s groundbreaking reparations program challenged by lawsuit from a conservative activist group, CNN (June 5, 2024) (available at https://www.cnn.com/2024/06/05/us/evanston-reparationslawsuit-reaj).
Second, and proving the Government’s actual knowledge, on June 25, 2024, two Department of Justice attorneys, Jason Bailey and Lauren Lovett (the “Government Attorneys”), emailed Evanston, informing the City that the Government had been “monitoring” this case and requesting a meeting to discuss the case further. See Email from Jason Bailey to Alexandra Ruggie, June 25, 2024, a copy of which is attached as Exhibit 1. The Government Attorneys met with Evanston on July 3, 2024. See Meeting Invite, a copy of which is attached as Exhibit 2. Following this meeting, Evanston did not receive any further communication from the Government regarding the case until 2026, nearly two years later. . . .
[I]n its Complaint in Intervention attached as an exhibit to its intervention motion, the Government concedes that the Program’s application period closed on November 5, 2021 and no applications have been accepted since that date (nearly four years ago). ECF No. 48-2 (the “Government Complaint”) ¶¶ 18, 33.
That is, of course, the opposite of what Plaintiffs told this Court. Second, the Government also acknowledged that the Program required applicants to use Program funds for housing-related purposes within Evanston city limits. Gov. Compl. ¶ 19, which is also contrary to the Plaintiffs’ allegations to this Court. . . .
The Government’s delay in moving to intervene was unreasonable. Indeed, the Government, as a prospective intervenor, must intervene “as soon as it knows or has reason to know that its interests might be adversely affected by the outcome of the litigation.” Cook Cnty., Illinois, 37 F.4th at 1341 (citing Heartwood, Inc. v. U.S. Forest Serv., Inc., 316 F.3d 694, 701 (7th Cir. 2003)). . . .
There you have it. Now we wait for the discovery which proves the Fitton shills waited too long, and had no property interests in Evanston during the relevent period. Grin.
नमस्ते
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