Judge Tells North Carolina Republicans To Hand Over Docs And Emails Related To Voting Law

[Gothmog]

7. The North Carolina legislators are appealing the ruling in the OP

The North Carolina legislators in this case are appealing the ruling http://linkis.com/ow.ly/wKfrc

The battle over the disclosure of information relating to the passage of controversial voting law changes last summer continues in federal court, as state lawmakers yesterday filed an objection to a magistrate’s order requiring them to produce at least some documents they’d claimed were absolutely protected under the doctrines of legislative immunity and legislative privilege.

In that order, U.S. Magistrate Judge Joi Elizabeth Peake adopted a flexible approach, finding that at a minimum, certain documents — communications with constituents or other third-parties, for example – were not protected and should be produced, and that other documents might likewise have to be disclosed if the need for them in the voting rights context outweighed any intrusion on the legislative process.

That’s an approach that courts elsewhere have adopted — in Florida, Texas, and Wisconsin, for example — weighing the need of legislators to be free from harassing questions about their decision-making processes with the needs of citizens suspicious of those lawmakers’ motives – and in the end, ordering the disclosure of at least some information.
- See more at: http://pulse.ncpolicywatch.org/2014/04/03/state-lawmakers-holding-tight-to-their-privilege-in-voting-rights-cases/#sthash.Fu3vI5r6.dpuf

The pleading in this objection is really extraordinary in that these legislators take the position that the legislative immunity or privilege is absolute in all cases except criminal cases http://pulse.ncpolicywatch.org/wp-content/uploads/2014/04/Lawmaker-objection-to-privilege-argument.pdf I have read all of the rulings in the Texas redistricting and voter id cases and the Florida and Wisconsin opinions on this issue. The prevailing view is that to the extent that there is a privilege, such privilege is qualified and that the Department of Justice has the right to get the documents in question. According to this objection, the Department of Justice is not entitled to take the deposition of any North Carolina legislator and must rely on the legislative history that occurred on the floor of the legislature.

I know that in the Texas redistricting case, the plaintiffs were able to obtain some incriminating e-mails that helped the DC Court find that the Texas redistricting plan was based on an intent to discriminate. As noted on another thread, a Federal judge just ordered the State of Texas to turn over to the Court all e-mails and documents requested by the DOJ in the possession of the State of Texas.

I really think that this objection is bogus and is taking a position that will not stand up in court.