State of California et al v. Trump et al

Filing 161

Letter from Douglas N. Letter, General Counsel, U.S. House of Representatives . (Letter, Douglas) (Filed on 5/21/2019)

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DOUGLAS N. LETTER KRISTIN A. SHAPIRO GENERAL COUNSEL ASSISTANT GENERAL COUNSEL U.S. HOUSE OF REPRESENTATIVES OFFICE OF GENERAL COUNSEL TODD B. TATELMAN DEPUTY GENERAL COUNSEL MEGAN BARBERO ASSOCIATE GENERAL COUNSEL JOSEPHINE MORSE ASSOCIATE GENERAL COUNSEL 219 CANNON HOUSE OFFICE BUILDING WASHINGTON, DC 20515-6532 (202) 225-9700 FAX: (202) 226-1360 BROOKS M. HANNER ASSISTANT GENERAL COUNSEL SARAH E. CLOUSE ATTORNEY May 21, 2019 VIA CM/ECF Hon. Haywood S. Gilliam, Jr. United States District Judge Ronald V. Dellums Federal Building & United States Courthouse 1301 Clay Street Oakland, CA 94612 Re: California et al. v. Trump et al. (Case No. 19-872) & Sierra Club et al. v. Trump et al. (Case No. 19-892) Dear Judge Gilliam: I write on behalf of the U.S. House of Representatives with regard to a question posed by the Court at the May 17, 2019, hearing in the above-captioned cases. At the hearing, the Court noted that in House v. Mnuchin et al. (D.D.C. Case No. 19-969), the House’s preliminary injunction application stated that “[b]ased on information provided to Congress by the Administration, it appears that [U.S. Customs & Border Protection (CBP)] has constructed less than 1 mile of fencing” with the $1.571 billion that Congress appropriated for such construction for fiscal year 2018. House Mot. for Prelim. Inj. at 6; see also Tr. at 16. The Court asked whether there was “a public record” citation for this proposition or whether the House could explain the basis for the proposition. Tr. at 16. Undersigned counsel promised to “check on that and get the specific reference for [the Court].” Id. at 17. To the House’s knowledge, there is no public record citation for the proposition. The House’s representation was “[b]ased on information provided to Congress by the Administration” on the status of its construction efforts as of February 28, 2019. House Mot. for Prelim. Inj. at 6. The Administration recently provided updated information to Congress on the status of its efforts as of April 30, 2019. Based on that updated information, it appears that CBP has now constructed 1.7 miles of fencing with its fiscal year 2018 funding. Respectfully submitted, /s/ Douglas N. Letter DOUGLAS N. LETTER (D.C. Bar No. 2533492) General Counsel TODD B. TATELMAN (VA Bar No. 66008) Deputy General Counsel MEGAN BARBERO (MA Bar No. 668854) Associate General Counsel JOSEPHINE MORSE (D.C. Bar No. 1531317) Associate General Counsel KRISTIN A. SHAPIRO (D.C. Bar No. 1007010) Assistant General Counsel BROOKS M. HANNER (D.C. Bar No. 1005346) Assistant General Counsel OFFICE OF GENERAL COUNSEL U.S. HOUSE OF REPRESENTATIVES 219 Cannon House Office Building Washington, D.C. 20515 Telephone: (202) 225-9700 Counsel for Plaintiff the United States House of Representatives May 21, 2019 cc: All counsel who have appeared in this case (via ECF)

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