E. Barrett Prettyman Court House in Washington, D.C. Photo by Diego M. Radzinschi/ALM.Patterson Belknap Files Watchdog Lawsuit Over Trump's Secret Clemency Advisers
Harry Sandick and Daniel Ruzumna of Patterson Belknap Webb & Tyler filed the suit on behalf of American Oversight, alleging the clemency advisers are violating a federal act on advisory groups.
March 12, 2020 at 03:44 PM
3 minute read
The original version of this story was published on National Law Journal
The watchdog group American Oversight on Thursday filed a lawsuit against President Donald Trump and White House adviser Jared Kushner, alleging a private Trump advisory group on clemency is violating federal law.
Harry Sandick and Daniel Ruzumna of Patterson Belknap Webb & Tyler filed the suit in the U.S. District Court for the District of Columbia on behalf of the watchdog group, alleging the clemency advisers are violating the Federal Advisory Committee Act by not filing a charter, and by keeping their meetings and documents concealed from the public.
"In order for voters to have sufficient information to judge whether the pardon power has been wisely exercised, it is important for voters to understand the process that led to the president's actions," the complaint reads. "This lawsuit seeks to provide the public with information about the particular mechanism used by President Trump to receive advice and recommendations regarding the exercise of his power to grant executive clemency."
The suit was filed weeks after Trump granted a number of pardons and commutations, including to former Illinois Gov. Rod Blagojevich, businessman Michael Milken and former San Francisco 49ers owner Eddie DeBartolo.
The Washington Post reported soon after those acts of clemency that Trump had formed an informal task force that featured government officials and private individuals to advise him on pardons and commutations, as part of an effort to place more White House control over an effort previously led by the Justice Department.
The complaint filed Thursday requests a writ of mandamus for the advisory group to comply with federal law.
"By purporting to accept its advice and recommendations and making these decisions in consultation with the Clemency Task Force, President Trump has created the impression that his decisions reflect the advice and recommendations of a bipartisan panel of criminal justice experts, without influence by personal or political concern," the lawsuit reads. "The failure to comply with FACA, however, leaves the public with little public information about the work of the commission, its meetings, or how its recommendations were formulated."
This isn't the first time Patterson Belknap has worked with American Oversight. They previously teamed up to represent Maine Secretary of State Matt Dunlap in the legal fight to obtain documents about Trump's since-disbanded advisory committee on election integrity.
American Oversight is also leading the charge in a flurry of public records lawsuits over Trump's direction to withhold military aid from Ukraine in exchange for investigations into former Vice President Joseph Biden, the subject of Trump's impeachment. The Senate acquitted Trump last month.
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