Judge hears suit on Trump White House use of encrypted apps

[DonViejo]

Source: Politico

Justice Department says disappearing-message apps are effectively banned by existing policy.

By JOSH GERSTEIN 01/17/2018 01:12 PM EST

A federal judge heard arguments Wednesday on the Trump administration's bid to toss out a lawsuit alleging that the White House has failed to stop aides to President Donald Trump from using encrypted apps that automatically delete messages soon after they're read.

U.S. District Court Judge Christopher Cooper didn't clearly signal whether he will allow the case to proceed or grant the Justice Department's request to shut the litigation down.

During a 45-minute hearing, Cooper—an appointee of President Barack Obama—sounded uncomfortable with the government's claim that the courts have no role at all in enforcing the Presidential Records Act.

However, the judge also seemed reluctant to embark on an unbounded, free-range inquiry into whether the Trump White House is policing its staff's compliance with record keeping obligations. And he appeared even more skeptical about delving into claims that the Trump White House is using executive orders to steer policy decisions out of federal agencies whose records are subject to request under the Freedom of Information Act.

Read more: https://www.politico.com/story/2018/01/17/white-house-encrypted-apps-hearing-343774

[bluestarone]

1. this is total BULLSHIT

Judge should STOP THEM IMMEDIATELY !!!!!!!!!!!!!!!!!

[jmowreader]

2. Thats funny...

Wasn’t Hillary’s deleting her personal messages one of Trump’s more reliable lines of attack against her?

[riversedge]

3. Seems the WH makes it own rules...

..............A lawyer for CREW, Anne Weismann, warned Cooper that if he rules that the courts have no proper role in the dispute, the White House would be let loose to defy the law Congress passed three decades ago in the wake of Watergate.

"If this court found there is no judicial review here, then I think the president and White House would be granted license to ignore all Presidential Records Act obligations," Weismann said.

"Isn't that a matter for Congress?" Cooper asked.


Weismann insisted that the court stepping aside would "undermine the purpose" of the law.

Myers pointed to guidance the White House issued to employees last February telling them they need to save official messages they send or receive on social media platforms. The Justice Department attorney said that amounted to a ban on the encrypted apps at issue.

"If you can't comply with the guidance by using these particular apps, the upshot would be that you can't use these apps," said Myers, who said the plaintiffs were "nitpicking around the edges" with their complaints about the White House policy. "The guidance is already there," he said.

Cooper gave no specific timeline for a decision, saying only that he'd rule "in due course" on the government's motion to throw the case out.

[L. Coyote]

4. Corrupt lawlessness.