CA assault weapons ban “unconstitutional”

[Aguila Blanca]

Like wise Im not sure a citizen can compel the court either . The court would have to been shown to have done some illegal act first and although messed up , Im not sure there is any evidence the 9th has even come close to doing anything that would warrant an investigation that would allow any entity to compel them to turn over there emails .

A court (or any other government body) does not have to be shown to have done something illegal before a citizen can make an FOIA request. You can request anything, from any agency, at any time.

Before doing so, it would be prudent to review the federal (since this is a federal case) FOI law. The law has a list of types of information that are exempt from disclosure under the FOIA. I haven't reviewed the federal version, so I don't know what's exempt. If the law exempts communication among judges regarding pending case, then you might as well not bother submitting the request, because you already know it will be rejected.

 

[Metal god]

AB that was my general point which I failed miserably on doing so :-( . FOIA is not designed to get any info you want . I then went deeper with out explaining which was how do you get that information that is not obtainable through a FOIA request. I would think it would be incredibly hard because of the separation of powers . I mean could SCOTUS ask to see a lower courts internal memos or emails ?

The question is the same , how do you compel the 9th Circuit to turn over there internal emails when the people that have the power to do so “may” like/except what the court is doing so they have no reason or belief it’s necessary? I would think another judge on the circuit claiming other judges are breaking rules in order to get outcomes they want before hearing a case would be an important step …. But then what ?

Put another way , what would be the scenario in which any court would be required to turn over there internal emails that FOIA does not cover ?

 

[Nathan]

I would guess when you are actively planning to usurp the civil rights of taxpayers, you do it at the country club, behind close doors with no security footage…..just guessing??????

 

[Aguila Blanca]

Put another way , what would be the scenario in which any court would be required to turn over there internal emails that FOIA does not cover ?

I can't think of any.

 

[Metal god]

Yeah me either and is why I asked. Also why I suggested maybe one scenario might be the court engaging in illegal activity in someway . Meaning for one branch to take legal action against another like issuing subpoenas would require a pretty strong allegation with very credible evidence but simply breaking your own rules is likely never going to be enough .

 

[ballardw]

Conspiracy to deny civil right?

 

[KyJim]

The only time I can remember seeing emails and similar materials disclosed is following a public finding that a judge broke the rules of judicial conduct.

 

[raimius]

I expect court internal discussion is probably on the FOIA exempt list, but asked because I don't actually know.

 

[Metal god]

I think you’re right but IMHO when a judge on that same circuit claims in a official document ( dissenting opinion ) that the court is breaking rules in a specific case and suggests its done it in other cases . That warrants an investigation. What type and who has the authority I don’t know . This type of thing should not be something that is ignored regardless of the type of case .