State of California et al v. Trump et al

Filing 223

Consent MOTION to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Former U.S. Government Officials. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/1/2019. Replies due by 11/8/2019. (Attachments: # 1 Brief of Former U.S. Government Officials as Amici Curiae in Support of Plaintiffs Motion for Partial Summary Judgment, # 2 Proposed Order)(Hartnett, Kathleen) (Filed on 10/18/2019)

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Kathleen R. Hartnett (SBN 314267)
BOIES SCHILLER FLEXNER LLP
44 Montgomery Street, 41st Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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Harold Hongju Koh (pro hac vice admitted)
PETER GRUBER RULE OF LAW CLINIC
Yale Law School
127 Wall Street, P.O. Box 208215
New Haven, CT 06520
Telephone:
[phone]
Email:
[e-mail]
Phillip Spector (pro hac vice admitted)
MESSING & SPECTOR LLP
1200 Steuart Street, #2112
Baltimore, MD 21230
Telephone:
[phone]
Email:
[e-mail]
Attorneys for Amici Curiae
Former U.S. Government Officials

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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STATE OF CALIFORNIA, et al.,

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Plaintiffs,
vs.
DONALD J. TRUMP, President of the
United States, in his official capacity, et al.,

Case No. 4:19-cv-00872-HSG
CONSENT MOTION OF FORMER
U.S. GOVERNMENT OFFICIALS FOR
LEAVE TO FILE MEMORANDUM AS
AMICI CURIAE IN SUPPORT OF
PLAINTIFFS’ MOTION FOR PARTIAL
SUMMARY JUDGMENT

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Defendants.
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Judge:
S.J. Hearing Date:
Time:
Courtroom:

Hon. Haywood S. Gilliam, Jr.
November 20, 2019
10:00 a.m.
2, 4th Floor

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CONSENT MOTION OF FORMER U.S. GOV’T OFFICIALS FOR LEAVE TO FILE BRIEF
AS AMICI CURIAE ISO PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
CASE NO. 4:19-cv-00872-HSG

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Former U.S. Government Officials respectfully move for leave to file the attached brief as

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amici curiae in the above-captioned matter, in support of Plaintiffs’ Motion for Summary

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Judgment. Amici are listed in the Appendix to the attached brief. Counsel for Plaintiffs and

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Defendants have consented to Amici’s proposed filing.

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STATEMENT OF INTEREST AND ARGUMENT

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Amici curiae are sixty former officials in the U.S. government who have worked on

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national security and homeland security issues from the White House as well as agencies across

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the Executive Branch. They have served in senior leadership roles in administrations of both

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major political parties, and collectively they have devoted a great many decades to protecting the

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security interests of the United States. They have held the highest security clearances, and

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participated in the highest levels of policy deliberations on a broad range of issues. These

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include: immigration, border security, counterterrorism, military operations, and our nation’s

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relationship with other countries, including those south of the U.S. border.

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Amici respectfully submit this brief because, in their professional opinion, there is no

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factual basis for the declaration of a national emergency for the purpose of circumventing the

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appropriations process and reprogramming billions of dollars in funding to construct a wall at the

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southern border, as directed by the Presidential Proclamation of February 15, 2019. The Court

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granted Amici permission to, and Amici did file, a brief in support of Plaintiffs’ Motion for a

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Preliminary Injunction. See Consent Motion for Leave to File Amicus Brief (ECF No. 115).

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Amici now seek leave to file a brief in support of Plaintiffs’ Motion for Partial Summary

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Judgment for the same reasons. Amici submit that their brief will be helpful to the Court, given

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Amici’s unique and directly relevant perspective of having lived and worked through national

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emergencies across Presidential administrations over a period of decades. The points in this brief

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are an updated version of those in a declaration that most of the amici joined and that was

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submitted into the Congressional Record on February 25, 2019.

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CONSENT MOTION OF FORMER U.S. GOV’T OFFICIALS FOR LEAVE TO FILE BRIEF
AS AMICI CURIAE ISO PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
CASE NO. 4:19-cv-00872-HSG

CONCLUSION

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For the foregoing reasons, the Consent Motion should be granted, and Amici’s attached
memorandum should be filed with the Court.

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Dated: October 18, 2019

Respectfully Submitted,

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By:

/s/ Kathleen R. Hartnett
Kathleen R. Hartnett (SBN 314267)
BOIES SCHILLER FLEXNER LLP
44 Montgomery Street, 41st Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Harold Hongju Koh (pro hac vice admitted)
PETER GRUBER RULE OF LAW CLINIC
Yale Law School
127 Wall Street, P.O. Box 208215
New Haven, CT 06520
Telephone: [phone]
Email: [e-mail]
Phillip Spector (pro hac vice admitted)
MESSING & SPECTOR LLP
1200 Steuart Street, #2112
Baltimore, MD 21230
Telephone: [phone]
Email: [e-mail]

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Attorneys for Amici Curiae Former U.S.
Government Officials

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CONSENT MOTION OF FORMER U.S. GOV’T OFFICIALS FOR LEAVE TO FILE BRIEF
AS AMICI CURIAE ISO PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
CASE NO. 4:19-cv-00872-HSG