Mike Masnick
@mmasnick.bsky.social
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Trump DOJ lawyers making it clear that you should never trust a word they say. They'll renege on deals over and over again.
(This is the AP WH access case, doc here:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.277682/gov.uscourts.dcd.277682.42.0.pdf)
In less than 12 hours, this Court is scheduled to hold an evidentiary hearing on the APs
Amended Motion for Preliminary Injunction (PI Motion), ECF No. 27. Only yesterday,
however, Defendants Taylor Budowich, Karoline Leavitt, and Susan Wiles informed the AP that,
in lieu of following the Courts direction for the parties to identify up to two live witnesses
who would testify at the hearing and be subject to cross-examination, Defendants would not call
any witness at Thursdays hearing. Instead, Defendants informed the AP that they would submit
an unauthorized Supplemental Declaration from a then-unidentified affiant, now known to be
Mr. Budowich.
Once it had the opportunity to review Mr. Budowichs Supplemental Declaration, the AP
promptly informed Defendants that AP intended to call Mr. Budowich as a witness at
tomorrows evidentiary hearing so that he can be cross-examined on the sworn testimony he set
out in the Supplemental Declaration. Defendants objected When the AP then informed them that
it would move to strike Mr. Budowichs Supplemental Declaration if he is not made available to
testify, Defendants counsel consented to withdraw 11 of the 21 paragraphs in the Supplemental
Declaration and provided APs counsel with proposed language for a notice of withdrawal, to
which APs counsel agreed. Three-and-a-half hours later, however, at the close of business the
evening before the hearing, Defendants counsel informed the APs counsel that the White
House had instructed DOJ to renege on the agreement.
ALT
March 27, 2025 at 1:49 AM