In the ongoing battle for the unredacted Comey Memos, and David Archey Declarations describing those memos [BACK STORY HERE], today the DOJ filed a motion for a stay (FULL PDF) against the forced production of the documents.
PREVIOUSLY ORDERED BY JUDGE BOASBERG
Hat Tip Techno Fog – As a likely result of this DOJ motion, Judge Boasberg will issue a deadline on production. Whether that deadline will be 14 days or until the end of the appeal deadline (60 days from August 12) is still unknown.
[Backstory For Those Unfamiliar] In the background of what was The Mueller Investigation, there was a FOIA case where the FBI was fighting to stop the release of the Comey memos. Within that courtroom fight Mueller’s lead FBI agent David Archey wrote a series of declarations to the court describing the content of the memos and arguing why they should be kept classified.
The FOIA fight shifted; and the plaintiff, CNN, argued for public release of the content of the FBI agent’s descriptions, now known as the “Archey Declarations”.
After a lengthy back-and-forth legal contest, on June 7th Judge James E Boasberg agreed to allow the FBI to keep the Comey memo content hidden, but instructed the DOJ/FBI to release the content of the Archey Declarations. On August 2nd the DOJ/FBI changed their position and claimed national security, “sources and methods” would be compromised by the release of the Archey Declarations.
On August 12th Judge Boasberg completely rejected the DOJ and FBI argument.
On August 13th the DOJ told CNN their compliance on production of the documents was pending their decision to appeal the August 12th judicial order.
On August 14th CNN filed a motion requesting Judge Boasberg to order immediate compliance from the DOJ with the release.
So today, August 26th, the DOJ is requesting a “STAY” of judicial order unless and until all legal appeals to a higher court are exhausted.