Document: Trump Administration Seeks Emergency Stay of Order to Produce Privilege Log in Transgender Servicemember Ban Litigation

Matthew Kahn
Monday, September 17, 2018, 5:39 PM

On Monday, the Trump administration applied to the Supreme Court for an emergency stay of a district court order in litigation related to the transgender servicemember ban. A district court ordered the government to produce a log of evidence it believes is subject to presidential communications privilege. The government argues that a 2004 case should protect the government from doing so. The full application is below.

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On Monday, the Trump administration applied to the Supreme Court for an emergency stay of a district court order in litigation related to the transgender servicemember ban. A district court ordered the government to produce a log of evidence it believes is subject to presidential communications privilege. The government argues that a 2004 case should protect the government from doing so. The full application is below.

Note: The government withdrew this application on Sept. 17. For more details, read the withdrawal letter.

Application for Emergency Stay.

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Matthew Kahn

Matthew Kahn

@matthew_j_kahn
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Matthew Kahn is a third-year law student at Harvard Law School and a contributor at Lawfare. Prior to law school, he worked for two years as an associate editor of Lawfare and as a junior researcher at the Brookings Institution. He graduated from Georgetown University in 2017.

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