Judge orders Secretary of Commerce to testify about census citizenship

A federal judge has ordered the Trump administration to place its chief culprit behind the 2020 census issue – Trade Secretary Wilbur Ross – available to testify amicably after the trials on the highly controversial issue.

"Secretary Ross must sit for a statement because, among other things, his intent and credibility are directly involved in these cases," US District Judge Jesse Furman said in a notice filed in Manhattan federal court on Friday. .

Furman limited Ross 'interrogation by the plaintiffs' lawyers at four o'clock, noting that the Commerce Secretary had already testified in Congress and that the administration had published a file of internal documents regarding his decision to do so. add the question of citizenship.

The Commerce Department, which oversees the census, declined to comment on the judge's decision. Devin O 'Malley, a spokeswoman for the Department of Justice, who represents the Commerce Department and the Census Bureau, also declined to comment.

DOJ lawyers have already warned that they are preparing to ask the 2nd US court of appeal to block Furman 's order. "Plaintiffs' request for the testimony of a Cabinet Secretary is extraordinary, useless and unsupported" Government lawyers wrote in a recent court case, suggesting instead that Ross be able to provide written answers to questions or have another Commerce official testify on behalf of himself and the department.

Furman J. however pointed out that a Ross deposition was in the public interest for transparency.

"There is something surprising, if not disturbing, in the aggressive efforts of the defendants to prevent Secretary Ross from having to answer questions about his behavior by adding the question of citizenship to the census questionnaire," wrote the judge.

More than two dozen states and cities, as well as other groups, are suing the Census Bureau and the Department of Commerce, which oversees the census, to eliminate the issue of citizenship. They brought a total of six lawsuits across the country, likely to extend in the final months of the census preparation, the number of heads of state in the United States provided by the Constitution.

The time has come for the plaintiffs' lawyers to gather evidence to prove their claims against Ross, who they claim has abused his authority over the census and, by adding the question to the forms of the next national enumeration, discriminate against the communities. immigrant color. The discovery process for the two New York-based trials is scheduled to end on October 12, before a possible trial starting Nov. 5.

Ross announced his decision in March to add the question "Is this person a citizen of the United States?" He canceled the research of the chief scientist of the Census Bureau and other researchers who suggest asking questions about citizenship status at a time when

Counting census populations is directly related to the distribution of political power in the United States Undercoverage of non-citizens, including immigrants living illegally in the United States, could change the distribution of seats between Congress and the United States. the electoral college. .

Complainants' lawyers in New York urged Furman to force Ross's testimony after several Commerce officials testified that they could not recall internal discussions on the issue that are documented in e-mails.

"The details of Secretary Ross's personal involvement are not available from any other source [sic], " lawyers wrote in a recent court case.

Earlier this month, Justice lawyers successfully obtained a federal circuit judge to temporarily block a Furman-ordered deposition to John Gore, Acting Chief of the Civil Rights Division of the Department of Justice. . This division would need the question of citizenship to better apply the provisions of the Act on the right to vote against discrimination of racial and linguistic minorities. The circuit court has not yet made a final decision on the possibility of filing Gore.