Cooper: Only have ~30 docs that are relevant vs 500 that have been withheld based in part on #DeliberativeProcess #privilege

The final factor is harm to the govt, which I think is for the government to show. They haven't filed affidavits or explained why disclosure would harm process, etc

That's it from Cooper on deliberative process.

Guynn up to respond.

#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition

After Cooper argues that #DeliberativeProcess #privilege doesn't apply given #misconduct by the govt, he turns to another exception: the "compelling need" exception.

That squarely overrides the invocation of the privilege here, he tells Judge #Xinis.

Cooper: This discovery is relevant & important. Govt hasn't pointed to alternative sources of info. There's been no substance produced of information that's key & critical here.

#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition

Guynn: Think would need to brief that. But I don't want to concede that #intent is at issue.

#Xinis asks attorney for #KilmarAbregoGarcia to come up & address the "government misconduct" exception to #DeliberativeProcess #privilege.

[Because the privilege is not absolute & can be overcome by a showing of govt #misconduct]

Up for Abrego Garcia this time is Jonathan Cooper

Cooper: From the beginning this has been a case about govt misconduct

#immigration #law #judiciary #Trump #rendition

#Xinis: Intent to facilitate, intent to comply w/my order.

Guynn: When you refer to #intent, what are you referring to?

Xinis: Can give you cases I've been thinking about. There's a proposition that #DeliberativeProcess #privilege doesn't really apply when intent is at issue

Gives hypo: re discrimination claim by fired employee. if decision making is privileged, can never get to the issue of wrongful termination.

#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition

Guynn: That's why there are so many privileged documents here that's why hard to ID document custodians, etc.

#Xinis: Almost impossible to determine from the log on what basis you're claiming attorney client privilege. Eg, if you have 18 people CC'ed on an email. without more info, I can't assess.
I don't believe the #DeliberativeProcess #privilege is as broad in this case because the govt's intent is at issue.

#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition

Rossman: If I gave your honor what I have of meaningful #discovery, it'd be nothing

#Xinis announces that she wants to move on to discussion of the #DeliberativeProcess #privilege. Wants to talk about the #law on that, then move the hearing under seal to discuss further.

Guynn is up first to discuss.

#KilmarAbregoGarcia #immigration #law #judiciary #Trump #rendition