Knight First Amendment Institute at Columbia University et al v. Trump et al

Filing 58

LETTER addressed to Judge Naomi Reice Buchwald from Michael Baer dated December 26, 2017 re: Plaintiffs' December 21, 2017 Letter. Document filed by Daniel Scavino, Sean M Spicer, Donald J. Trump.(Baer, Michael)

U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20530

December 26, 2017
Via ECF and by Fax
The Hon. Naomi Reice Buchwald
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re: Knight First Amendment Institute at Columbia University, et al. v. Trump, et al.,
No. 17-cv-5205 (NRB)
Dear Judge Buchwald,
Defendants submit this letter in response to Plaintiffs’ December 21, 2017 letter, in which
Plaintiffs argue that a colloquy at oral argument before the United States Court of Appeals for the
Fourth Circuit included a government “concession” that is material to this case. Pls.’ Letter at 1,
ECF No. 57.
Defendants have never disputed that the President can “make official statements about the
policies of his administration” through his @realDonaldTrump account. Defs.’ Summ. J. Br. at 13,
ECF No. 35 (citing Stip. ¶¶ 32, 35, 37, ECF No. 30-1). But as Defendants have noted, the question
whether tweets are “official statements” ignores the actual issue before this Court: whether “the
decision to block a Twitter user from a personal account is an exercise of the executive power that the
President possesses by virtue of federal law.” Defs.’ Opp. & Reply Br. at 10, ECF No. 54 (emphasis
added). As Defendants have explained at length in their briefs, the answer to that question is no.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
BRETT A. SHUMATE
Deputy Assistant Attorney General
ERIC R. WOMACK
Assistant Branch Director

2
/s/ Michael H. Baer
MICHAEL H. BAER
DANIEL HALAINEN
Trial Attorneys
U.S. Department of Justice,
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW
Washington, DC 20530
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]
Counsel for Defendants