If you were in his shoes, would you take a more aggressive approach?
If you were in his shoes, would you take a more aggressive approach?
1. If I were in his shoes I would be preparing for the Govt to refuse to answer any of his questions. I would be researching the law regarding similar situations and what, if any, power he has to compel the Govt to answer under pain of contempt. And if contempt is possible, identify the
2. contemptuous party/parties (including any attorneys representing the Govt). If factually & legally one or more persons could be held in contempt (for refusal to answer Boasberg's questions), I'd impose that sanction and let the contemptor appeal or otherwise try to challenge the contempt sanction
3. Boasberg already knows that Govt won't answer his questions. He just has to determine what, legally, he do about that when it happens tommorow.
4. Can an Art. III court compel (under threat of contempt) the Govt to "disclose sensitive national security and operational security" information? Separation of powers? See attached letter filed today with DCCA. @martylederman.bsky.social @stevevladeck.bsky.social
No, but it can consider a sanction if it does not. But DOJ would likely assert state secrets to dismiss the entire case (not just to prevent access to this evidence), effectively leaving no sanction if it's upheld.
Sorry, I should have checked with you in the first place. Can you explain what would happen, step-by-step, if Govt refuses to answer Boasberg's questions? Sanction -- like what? Dismissal of *what* case (based on states secret privilege)?