Debevoise and House Dems to Sue Wilbur Ross Over Census Documents
"Despite the committee's extensive efforts at accommodations, Secretary Ross and Attorney General Barr have refused to provide these critical documents and communications," House Democrats argued in their new lawsuit.
November 26, 2019 at 11:18 AM
6 minute read
The original version of this story was published on National Law Journal
U.S. House Democrats asked a federal judge Tuesday to order the Trump administration to turn over documents related to the abandoned bid to add a citizenship question to the 2020 census, opening a new front in litigation against a president who has refused to cooperate with a number of congressional probes.
Teaming up with the law firm Debevoise & Plimpton, lawyers for the House Oversight and Reform Committee said the Trump administration has defied subpoenas seeking "critical evidence," including unredacted communications between the Justice Department and the Commerce Department.
"Despite the committee's extensive efforts at accommodations, Secretary Ross and Attorney General Barr have refused to provide these critical documents and communications," House Democrats argued in their court filing. House Democrats noted that their July vote to hold Ross and Barr in contempt over their refusal to provide documents related to the Trump administration's failed efforts to include the citizenship question on the upcoming decennial survey.
The lawsuit came a day after House Democrats scored a key victory in Washington's federal trial court, where U.S. District Judge Ketanji Brown Jackson ruled that former White House counsel Donald McGahn was required to comply with a congressional subpoena for his testimony. Minutes after that decision, the U.S. Supreme Court dealt House Democrats a setback, blocking a separate subpoena seeking access to the president's financial records.
The Justice Department said in a statement about the new lawsuit:
"The Department of Justice worked for months to supply thousands of documents to accommodate Congress's requests. Additionally, many document at issue were held privileged by a federal court. This lawsuit is nothing more than a political stunt. While the Oversight Committee plays games, the Department will continue its critical work of pursuing justice and ensuring safety for all Americans."
For their latest lawsuit against Trump, House Democrats received help from a Debevoise & Plimpton team that includes David O'Neil, a partner in the firm's white-collar defense practice who was a leader in the Justice Department's criminal division under the Obama administration. The Debevoise team includes associates Laura O'Neill and Nathaniel Johnson, and counsel Anna Moody.
The collaboration marked only the latest instance of a major U.S. law firm providing free legal help to House Democrats in legal action against Trump.
House Democrats have leaned on major U.S. law firms to help sue the Trump administration. They turned to Sidley Austin in a lawsuit challenging the Trump administration's move to divert military funds for a wall on the southern border. The law firms Munger, Tolles & Olson and Hogan Lovells also have pro bono arrangements with the House, offering free legal assistance that stands in contrast to the steep legal bills House Republicans racked up when they received outside help to sue the Obama administration under former Speaker John Boehner.
In its lawsuit Tuesday, House Democrats said they have exposed much about the "true origins" of the effort to add a citizenship question to the 2020 census, despite the Trump administration's reluctance to hand over records.
House Democrats said their investigation revealed evidence showing that the Trump administration was moving to add the citizenship question before December 2017, when the Justice Department sent the Commerce Department a letter seeking its inclusion on the decennial survey. Commerce Secretary Wilbur Ross has pointed to that letter to justify including the question in the census, testifying at one point that he decided to add the query "solely" in response to the Justice Department's request.
House Democrats said Ross had, in fact, pushed to include the question on the census from the time he took office. In June, the U.S. Supreme Court rejected the Commerce Department's stated reason for including the question as "contrived."
Several Big Law firms have recouped millions of dollars in legal fees for the roles they played in suing the Trump administration over the citizenship question. Cases unfolded in New York, California and Maryland federal trial courts. A Manhattan federal trial judge is weighing the plaintiffs' demand for sanctions against the Trump administration over alleged litigation abuses there.
Although the Trump administration has dropped plans to include the citizenship question, House Democrats said they have identified several other "live" concerns about the census, including the potential for political influence on what is supposed to be a nonpartisan counting of the U.S. population. House Democrats said they are pursuing records not only as part of their oversight duties but also to inform any legislative fixes to the census process.
"The stakes for Congress and the American people could not be higher, nor the consequences of the ongoing injury more profound," House Democrats said in Tuesday's lawsuit. "The 2020 census will have at least ten years of direct effect on the composition of the House by determining population counts, as well as on the methodology by which the House determines the apportionment of federal funds to the states. If there is maladministration of the 2020 census, the effects will be felt for decades, and once complete, the damage to the Census cannot be undone."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLitigators of the Week: After a 74-Day Trial, Shook Fends Off Claims From Artist’s Heirs Against UMB Bank
An ‘Indiana Jones Moment’: Mayer Brown’s John Nadolenco and Kelly Kramer on the 10-Year Legal Saga of the Bahia Emerald
‘It's Your Funeral’: Avoiding Doing Damage to Your Client’s Case With Uncivil Behavior
Law Firms Mentioned
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250