There are cases now pending—such as Washington v. Trump and Hawaii v. Trump—where the states are seeking extensive federal records via e-discovery to reject the Trump administration’s travel ban. But Justice Department attorneys, who are representing the federal government, claim the information sought in the Washington case, much of it related to executive orders, is actually protected by various privileges.
As a result, e-discovery could play a key role in the litigation brought by several states against the travel ban. And as with many issues surrounding e-discovery, there is no bright-line rule to determine what information can and cannot be collected.
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