Jen Easterly: the judge asserts there is reason to depose Easterly and he has gone through why, but also decides that Scully is a suitable replacement. I actually agree, FWIW. Anything that they can’t get from him, they will then go to her for, and he was involved EVERYWHERE. As an aside, please note how the judge points out “cognitive infrastructure” in his order.

@TracyBeanzOfficial

Vivek Murthy: Murthy was one the Plaintiffs REALLY harped on, but the judge went with his underling; again, if they don’t get anything from the underling, Waldo, they will go back for Murthy. But Waldo is the biggest fish in his office with involvement here. Note, Defendants don’t think any discovery is required at all because what he wrote was good enough.

That’s nonsense and we discussed why. Clearly the judge thinks so too.

I consider this one a loss for now. They really needed Murthy.

@TracyBeanzOfficial

Vivek Murthy: Murthy was one the Plaintiffs REALLY harped on, but the judge went with his underling; again, if they don’t get anything from the underling, Waldo, they will go back for Murthy. But Waldo is the biggest fish in his office with involvement here. Note, Defendants don’t think any discovery is required at all because what he wrote was good enough.

That’s nonsense and we discussed why. Clearly the judge thinks so too.

I consider this one a loss for now. They really needed Murthy.

@TracyBeanzOfficial

Onward with the case. Jen Psaki: Now, this is something. Psaki was originally a defendant but left government. Then, the WH said they knew nothing about anything Psaki said and couldn’t return any responsive documents. The judge ordered her deposed.

Psaki didn't like that, so she started fighting it, with the government helping her. However, the government has maintained there is no replacement for Psaki. If you recall, I covered this one extensively.

@TracyBeanzOfficial

Here is why I say there is nothing that this judge is doing that leads me to believe that he will dismiss the case. He basically tells defendants here that their motion to dismiss is bunk, while scolding them about the time they took to file it, and the fact that they asked a higher court to force him to halt discovery for a motion to dismiss that hadn’t even been filed yet!

He also reminds everyone that this discovery is ONLY so he can rule on the temporary injunction, and that since the plaintiffs do have standing (a central argument of the motion to dismiss) they may move to trial, where MORE deposition and discovery will be necessary.

The seriousness of this can’t be overstated. The judge just basically ruled on their motion to dismiss and told the government their argument is moot, as he has already ruled on it.

@TracyBeanzOfficial

Mark your calendars, the absolute SMACKDOWN of an out of control government continues…

@TracyBeanzOfficial