Watchdog Group Seeks Discovery of Political Interference in AT&T/TW Review
The federal court hearing the DOJ's lawsuit seeking to block AT&T's buy of Time Warner should allow discovery to determine the existence and scope of any improper White House interference in DOJ's handling of that deal and subsequent litigation, watchdog…
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group Protect Democracy Project (PDP) said in a proposed docket 17-cv-2511 amicus brief (in Pacer) filed Thursday in U.S. District Court in the District of Columbia. In a related motion asking for leave to file the brief in support of neither party, PDP said it's made up of nine former DOJ officials, including Preet Bharara, former U.S. attorney for the Southern District of New York, and John Dean, who was White House counsel to President Richard Nixon. PDP said it's concerned about White House interference in the DOJ suit, and the court has a variety of "doctrinal tools" for redress, including application of a presumption of vindictiveness that would require the DOJ justify its position by providing information about the constitutional legitimacy of its action. PDP also said the court could require the agency to reconsider the case with a different team more insulated from the White House, or dismiss the lawsuit under the unclean hands doctrine or as unlawful selective enforcement. And PDP said the court could put the burden on the DOJ to show it isn't punishing content protected by the First Amendment. DOJ didn't comment Friday. PDP also sued the DOJ seeking White House communications on AT&T/TW (see 1803060004).