“The Court therefore grants the nonparties motions and quashes the Governments nonpartisan subpoenas…”
Thank you for your prayers and support! We thank the Lord that the judge ruled impartially and upheld the U.S. Constitution.
An Excerpt of the Court Findings:
“The Government’s nonparty subpoenas seek material outside the scope of discovery. The subpoenas command Eagle Forum and Southeast Law Institute to produce eleven broad categories of evidence, ranging from draft legislation, to communications with the Alabama Legislature, to polling or public opinion data, to social media postings. These materials are unlikely to reveal or lead to any information that would help resolve the fundamental issue in this case, which is whether Section 4(a)(1)–(3) of the Alabama Vulnerable Child Compassion and Protection Act is constitutional under the
Fourteenth Amendment. Thus, the requested material has little—if any—relevance for purposes of discovery.”
“Furthermore, the burden of the requested material greatly outweighs any slight relevance it may have. Eagle Forum and Southeast Law Institute are nonprofit organizations staffed almost entirely of volunteers. The nonparties’ counsel, John Graham, represents them pro bono in this matter. To produce the requested material, the nonparties’ volunteer staff and pro bono counsel would first have to review thousands of documents, determine which, if any, of those documents are responsive, and then omit or redact any privileged information contained in those. Accordingly, the burden of the requested material outweighs any slight relevance it may have.”
“The Government has provided neither evidence nor argument to refute these conclusions. To the contrary, the Government’s eleventh-hour “narrowing” of the requested material suggests that the subpoenas, as written, are overly broad and unduly burdensome given the limited resources of the nonparties.
Considering the relevance (or lack thereof) of the requested material, the burden of production, the nonparties’ resources, and the Government’s own conduct, the Court finds that the subpoenas exceed the scope of discovery.”
SEE LINKS TO COURT FILINGS BELOW:
- National Eagle Forum’s Press Release 9.7.22
- Memo of Record RE: DOJ Action Against Eagle Forum of Alabama
- Copy of DOJ Subpoena
- Copy of EFA’s Motion to Quash the Subpoena
- Margaret Clarke’s Declaration
- Becky Gerritson’s Declaration
- Amicus Brief in Support of EFA’s Motion to Quash the DOJ Subpoena
- EFA’s Reply to DOJ Objections For Motion to Quash
- FOIA Submitted to DOJ From America Advancing Freedom
- Amicus Brief from NRRT in Support of EFA’s Motion to Quash
- EFA’s Supplement to Montion to Quash filed 10.12.22
- Amicus Brief by Tea Party Patriots Foundation in Support of EFA Filed 10.13.22
- Judge Grants Our Motion to Quash DOJ Subpoena 10.24.22
Links To News Stories About The DOJ Subpoena-(Newest articles at thebottom)
