The Biden administration’s attempt to block depositions of several key officials was turned down Nov. 2 by a U.S. judge.
Absent a stay, “high-ranking governmental officials would be diverted from their significant duties and burdened in both preparing and sitting for a deposition, all of which may ultimately prove to be unnecessary if the Court of Appeals grants” their request, the government said.
On the other hand, the plaintiffs, including the attorneys general of Missouri and Louisiana, would be irreparably harmed by a partial stay because they’ve alleged a violation of the U.S. Constitution’s First Amendment and ‘The loss of First Amendment freedoms, even for minimal periods of time, unquestionably constitutes irreparable injury,’” Doughty said, quoting from a ruling in a separate case.
“The Court finds that both the public interest and the interest of the other parties in preserving free speech significantly outweighs the inconvenience the three deponents will have in preparing for and giving their depositions,” he added.
The writ asks the appeals court to vacate Doughty’s deposition order with regards to Murthy, Easterly, and Flaherty.
“Although mandamus relief is ‘drastic and extraordinary,’ it is warranted where, as here, there is ‘no other adequate means to attain’ the necessary relief; ‘the writ is appropriate under the circumstances,’ including because the issues implicated have ‘importance beyond the immediate case,’ and the district court ‘clearly and indisputably erred,'” government lawyers said in the writ, quoting from a ruling in a separate case.
A response to the filing is due on Nov. 7.