The ball is rolling… If congress can’t get the documents, then watchdog orgs will get them. Let the Trump admin try to defy a federal court order.
NEW: A federal judge has granted @publicintegrity a preliminary injunction in their FOIA lawsuit seeking OMB/Defense Dept docs on the withholding of Ukraine aid. She orders the agencies to release all non-exempt docs by 12/20, with first batch due 12/12.
If the requested information is released after the impeachment proceedings conclude, the information may still be of historical value. However, for Plaintiff, the primary value of the information lies in its ability to inform the public of ongoing proceedings of national importance; and, in these circumstances, “stale information is of little value.” Payne Enterprises, Inc. v. United States, 837 F.2d 486, 494 (D.C. Cir. 1988). As such, Plaintiff has shown that a delay in the release of the requested information would cause irreparable harm. See Wash. Post., 459 F. Supp. 2d at 75 (“Because the urgency with which the plaintiff makes its FOIA request is predicated on a matter of current national debate, due to the impending election, a likelihood for irreparable harm exists if the plaintiff’s FOIA request does not receive expedited treatment.”); Aguilera v. FBI, 941 F. Supp. 144, 151-152 (D.D.C. 1996) (finding irreparable harm where the requested documents were to be used as evidence in an evidentiary hearing scheduled for the near future); Am. Oversight, 2019 WL 5665930, at * 3-4 (finding irreparable harm where the requested documents related to the ongoing impeachment proceedings).
Not only that, if Congress (a co-equal branch of government) has oversight of the executive (president), doesn’t that mean the executive has oversight of congress?