X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
DOJ officials couldn’t keep from laughing when they showed Judge Emmet Sullivan a clip from “The Daily Show,” a popular satire program, in which comedian Jon Stewart poked fun at a top counterterrorism official’s taped deposition statement that he didn’t know the difference between Shiite and Sunni Muslims. But it’s precisely that chuckling, and the potential abuse of the discovery process, that DOJ lawyer Lisa Olson said at a Sept. 8 hearing at the U.S. District Court for the District of Columbia she is afraid may happen if an unrelated deposition of former Associate Attorney General Robert McCallum is released. “It just creates a public spectacle that a transcript doesn’t,” Olson said. McCallum’s deposition is part of a Freedom of Information Act lawsuit, filed by Citizens for Responsibility and Ethics in Washington, over documents related to the DOJ’s 2005 decision to lower the civil penalties it was seeking against tobacco companies to $10 billion from $130 billion. The organization would like to make public the deposition video, which CREW lawyer Anne Weismann contends shows inconsistencies in McCallum’s testimony. Sullivan held off on a ruling but said he understood the government’s worry. “Is that supposed to be our job? To provide fodder for �Saturday Night Live’?” he asked. Sullivan appeared more skeptical about another government request, that the court order the return of e-mails printed from the computer of a former DOJ official, Sharon Eubanks, who now works at CREW, because the government believes they were stolen. “That’s a bold allegation,” Sullivan told Olson. Weismann said her organization received the e-mails from someone who had never worked at the DOJ. And after more than an hour of proceedings, Olson offered a compromise: CREW could keep the e-mails if they were put under a protective order. But that was a deal Weismann was not ready to accept.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.