I feel bad disrupting the chronology here, but scrambling to get you guys as much info as possible!

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SW said the the court’s inquiry was unprecedented—arguing that it was going beyond the scope of the litigation under the APA. JR reminded him that she had made a bad faith finding and ordered extra record discovery.

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Prior to this pretty wild exchange, JR and SW were going back and forth about whether the Secretary of Interior had signed off on a plan. SW pushing back against her attempts to make him answer this as a “matter of fact,” not of law under the APA.

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SW said he objected multiple times throughout that hearing on deliberative process grounds. That’s my entire point, he said. JR said she understood his point, and abruptly called the recess.

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JR asked, Are you kidding me right now? Are you seriously saying that no one at DOI or DOJ thought that her questions in a hearing about whether a plan existed called for disclosure of officials working on a plan for the NCPC?

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