Even here, I don't think the judge is going to say that the government waived privilege such that New York can introduce the memo for any evidentiary purpose.
So everyone proceeds like it was clawed back and they didn't read it, but absolutely read it and knows how weak the arguments are
How far does this extend? If the NYT publishes an article about the other stupid thing they’re going to try to do with OMB, they’re all just going to pretend they can’t use that to consider whether to enjoin OMB?
I don't think you need to read the memo to agree that their arguments are all terrible. Other than the judge knowing that DOJ knows its arguments are bad, which isn't exactly a unique circumstance, what does the memo offer that competent lawyers wouldn't be able to work out without it?
Comments
So everyone proceeds like it was clawed back and they didn't read it, but absolutely read it and knows how weak the arguments are