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Chairman Trump Uses Dick Cheney Precedent to Shield Kennedy Center Input
Trump invokes Dick Cheney legal precedent to keep Kennedy Center decisions out of court discovery.
In brief
Trump invokes Dick Cheney legal precedent to keep Kennedy Center decisions out of court discovery. Trump administration uses 2004 Supreme Court precedent to block Democratic lawmaker's discovery requests about Kennedy Center board decisions. Originally reported by Law & Crime.
Trump invokes Dick Cheney precedent
President Donald Trump uses a 2004 Supreme Court precedent set by Dick Cheney to shield his 'input' about Kennedy Center's future from discovery requests.
“Requests for discovery that pertain to the President of the United States are no ordinary matter. Instead, they raise distinct separation-of-powers concerns.”
DOJ blocks discovery motion
U.S. District Judge Casey Cooper denied Rep. Joyce Beatty's motion to compel discovery about Kennedy Center board decisions after the DOJ cited Cheney v. United States.
“The doj told u.s. district judge casey cooper on wednesday that the democratic lawmaker's requests should fail across the board.”
Cheney v. United States precedent
In 2004, the Supreme Court held that discovery orders against Cheney and 'other senior officials in the Executive Branch' of the Bush administration were 'overly broad'.
“See cheney v. u.s. dist. ct. for d.c. 542 u.s. 367 388 (2004)”
Trump administration uses precedent
The Trump administration has cited the Cheney case to resist disclosure of 'sensitive workings' of the Department of Government Efficiency (DOGE) and presidential advisers.
“The doj said there is no basis for discovery at all to name senior staffers involved in drafting and approving the executive orders”
Beatty's motion details
Rep. Joyce Beatty filed a motion after an Obama-appointed judge allowed her to 'seek discovery regarding' a placard reading 'Kennedy Center DEMOLISHED'.
“Beatty argued the administration constructed a 'stone wall of executive privilege' to shut her out from discovering how intimately involved 'Chairman Trump' was in board decisions”
DOJ counters Beatty
The DOJ claims Trump's role as Kennedy Center chairman 'is of no moment' and that Beatty's 'extraordinarily weak justification' for discovery fails.
“The doj said plaintiff seeks information concerning the president's actions in his official capacity, not his private role as chairman”
DOJ produced documents
The DOJ has produced over 7,500 pages of documents and responses to Beatty's discovery requests, contradicting claims of stonewalling.
“The government went on, claiming it is not true that it has stonewalled beatty because it has produced more than 7500 pages of documents and responses”
Beatty's argument
Beatty argued that Trump's involvement in Kennedy Center decisions would be 'deeply disturbing' if the DOJ swept potential illegalities under the rug without specific executive interests.
“It would be deeply disturbing if the department of justice could sweep those potential illegalities under the rug simply by making a conclusory assertion of executive privilege”
Cheney case relevance
The Cheney case has been used by the Trump administration to block discovery requests about presidential advisers and the Department of Government Efficiency.
“The doj has opposed the american bar association's attempt to identify presidential advisers behind trump's law firm executive orders”
Trump's role in Kennedy Center
Trump has participated in renovation planning at the Kennedy Center, but the DOJ says this does not affect executive privilege claims.
“The doj acknowledged that trump has at various times participated in renovation planning at the center”
Casey Cooper's ruling
U.S. District Judge Casey Cooper ruled that Beatty's discovery requests should fail across the board due to separation-of-powers concerns.
“The doj told u.s. district judge casey cooper on wednesday that the democratic lawmaker's requests should fail across the board”
Cheney precedent applied
The DOJ argues that the President's status as Kennedy Center chairman does not matter for executive privilege claims.
“In other words, even though the president's statutory duties and the chairman's trust duties overlap, what matters for the purpose of executive privilege is that plaintiff seeks information concerning the president's actions in his official capacity”
Beatty's claim
Beatty claims Trump's involvement in Kennedy Center decisions would be 'deeply disturbing' if the DOJ swept potential illegalities under the rug without specific executive interests.
“It would be deeply disturbing if the department of justice could sweep those potential illegalities under the rug simply by making a conclusory assertion of executive privilege”
DOJ's response
The DOJ says Beatty's 'extraordinarily weak justification' for discovery fails and that Trump's role as chairman is 'of no moment' for executive privilege claims.
“The doj claims it is not true that it has stonewalled beatty because it has produced more than 7500 pages of documents and responses”
Case outcome
The DOJ has won the legal battle to block Beatty's discovery requests using the Cheney precedent to protect presidential input on Kennedy Center decisions.
“The doj told u.s. district judge casey cooper that the democratic lawmaker's requests should fail across the board”
Here's the gist
Trump administration uses 2004 Supreme Court precedent to block Democratic lawmaker's discovery requests about Kennedy Center board decisions.
