Posted on 08/24/2018 11:09:35 AM PDT by yesthatjallen
A federal judge Friday knocked the Trump administration for withholding information from those suing it over the transgender military ban as she decided to withhold ruling on the case.
In an order issued Friday, U.S. District Court for the District of Columbia Judge Colleen Kollar-Kotelly denied both the defendant’s and the plaintiff’s motions for summary judgment, which is when a judge makes a ruling on case without a full trial.
Rather than granting either party’s motion for summary judgment, she concluded, “the court will allow plaintiffs the opportunity to complete discovery.”
In a memo accompanying the order, Kollar-Kotelly wrote that she denied the motions because material facts are still in dispute about the process by which administration crafted its transgender policy because the government is not giving the plaintiffs the information it is entitled to as part of the discovery process.
“Defendants claim that their decisions regarding transgender military service are owed great deference because they are the product of extensive deliberation, study and review,” wrote Kollar-Kotelly, an appointee of former President Clinton. “However, at the same time, defendants have withheld information concerning this deliberation, study and review from plaintiffs. As a result, there undeniably are factual disputes in this case.”
The opinion came in a lawsuit filed by the National Center for Lesbian Rights and GLBTQ Legal Advocates and Defenders (GLAD) on behalf of five unnamed service members and two recruits.
The suit is one of four that have been filed since Trump first announced on Twitter in July 2017 his intention to ban transgender people from serving in the military.
No new transgender policy can go into effect, as courts in each case have issued preliminary injunctions that require the Pentagon to continue allowing open service while the lawsuits work their way through the court system.
Earlier in August, Kollar-Kotelly ruled against the administration’s motion to lift the injunction against the ban and dismiss the case. The administration argued the case was moot because Defense Secretary James Mattis outlined a policy in March that was not a blanket ban on transgender service.
Kollar-Kotelly said at the time that while the Mattis plan is written with more nuance than Trump’s original tweet, it still bans transgender service and so the lawsuit is still relevant.
In lieu of dismissing the case, the administration also asked for Kollar-Kotelly to issue a summary judgment.
The plaintiffs also filed a motion for summary judgment but asked that Kollar-Kotelly not rule on it if discovery was not completed.
“Plaintiffs are entitled to complete discovery,” Kollar-Kotelly wrote in the Friday memo. “As already stated above, despite the fact that one of defendants’ main defenses in this action is that their decisions regarding transgender military service are owed great deference because they are the product of reasoned deliberation, study and review by the military, defendants have withheld nearly all information concerning this alleged deliberation.
“This is not how civil litigation works. Defendants cannot prevent plaintiffs from obtaining the facts about a disputed issue and then expect to be granted summary judgment on that issue.”
Hey judge stay the f out of military matters.
There is no dispute that Trump is Commander in Chief.
Trump has been neutered because congress is set to remove him. These are the people we elected to represent us.
BS this has been going on since day 1. He has been patient and presidential but that is wearing out.
Another woman with a hyphenated last name....that’s usually a bad sign.
Where’s your Security Clearance ,Judge ? LOL
STFU, Colleen, and make me a sammich.
The D.C. circuit is a vipers nest. It needs to be cleaned out.
A BillyBob appointee....I,personally,am shocked.
Colleen Kollar-Kotelly
Kotelly.jpg
Presiding Judge of the United States Foreign Intelligence Surveillance Court
In office
May 19, 2002 – May 18, 2009
Appointed by William Rehnquist
Preceded by Royce C. Lamberth
Succeeded by John D. Bates
Judge of the United States District Court for the District of Columbia
Incumbent
Assumed office
March 26, 1997
Appointed by Bill Clinton
Preceded by Harold H. Greene
Judge of the Superior Court of the District of Columbia
In office
1984–1997
Appointed by Ronald Reagan
Succeeded by Anita Josey-Herring
Personal details
Born Colleen Constance Kollar
April 17, 1943 (age 75)[1]
New York City, New York
Spouse(s) John Theodore Kotelly
Education Catholic University of America (B.A.)
Columbus School of Law (J.D.)
Colleen Kollar-Kotelly (born April 17, 1943) is a United States District Judge of the United States District Court for the District of Columbia and was Presiding Judge of the Foreign Intelligence Surveillance Court.
https://en.wikipedia.org/wiki/Colleen_Kollar-Kotelly
Discovery?
I’ve got your ‘discovery’ right here, judge: This ‘chick’s’ got a d*ck!!!”
Impeach and remove U.S. District Court for the District of Columbia Judge Colleen Kollar-Kotelly.
Wrong! That is precisely what is being disputed. And it's pretty safe to say that the federal judiciary is divided on the point.
Its was never a law.
Judges are supposed to review laws...not Executive Suggestions.
...his intention...
The courts have NO say in this matter.
Trump needs more allies. Not two faced, coward, scum, like Sessions.
the judge has ZERO jurisdiction over our defense policies.
hey, maybe a group of patriotic military men will toss him into the barracks for a “fun” night’s worth of personal entertainment?
The President is Commander in Chief. Tell the courts to enforce their rulings if they come with something Trump opposes. Meanwhile, every other horrible left wing social experiment remains in place in Lap Dog Mattis’ military.
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