Plaintiffs Allowed to Subpoena Congressmen in Mt. Soledad Cross Case
When we last checked in with the controversial memorial cross at Mt. Soledad, CA, Congress was getting involved, federalizing the land on which it stands to avoid previous court orders mandating its removal for violating the separation of church and state. Now, a judge has ruled that the primary legislators involved in that act may have to turn over documents to demonstrate their intentions in urging the President to seize the land in question. The New York Sun reported yesterday:
The judge also said records of contacts with local officials, citizens' groups, and the press might constitute "political activities" that are not protected from subpoena.Thanks to Religion Clause for the link, you can read the judge's decision here.Although Judge Bates acknowledged that the distinctions were "not the brightest of lines," he said the congressmen should make the first attempt to segregate the information.
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The Jewish War Veterans of America filed its lawsuit in San Diego last year after President Bush signed legislation seizing the land. To prevail, the group will have to prove that the legislation was intended to advance a religious goal. The dispute over the congressmen's records was heard in Washington because that is where the files are located.