A lawyer for the Satanic Temple successful Salem contiguous filed an mentation of wherefore his radical wants to marque Michelle Wu walk respective hours successful Salem connected Election Day to reply questions astir however the City Council invites clergy to unfastened its meetings with an invocation: To marque her deliberation astir what she's done.
In a missive to US District Court Judge Angel Kelley this morning, lawyer Matthew Kezhaya says it's lone fitting that a campaigner for politician beryllium asked to explicate wherefore the assembly refuses to invitation immoderate Satanists to supply an invocation, which the radical claims shows that the assembly is showing favoritism towards non-Satanic religions, successful usurpation of the First Amendment's Establishment clause. The radical sued the assembly successful January; successful July, different national justice narrowed the case to the Establishment issue.
Kelley had ordered the Satanic Temple to explicate by 9 a.m. contiguous wherefore it had subpoenaed Wu for a deposition connected Nov. 2. Kezhaya elucidated:
I expected, possibly naively, that a mayoral campaigner for a metropolis that holds stewardship implicit Bunker Hill, Faneuil Hall, and the USS Constitution would person paused to deliberation astir what her candidacy means. Maybe it would adjacent effect successful that precious invite, that nationalist acknowledgment that my lawsuit stands connected adjacent footing successful the eyes of the instrumentality arsenic different religions.
And, if not, I expected that the substance would astatine slightest beryllium thing the nationalist takes heed of. Perhaps, if not the above, the nationalist whitethorn instrumentality enactment of the caliber of Wu’s character: arsenic 1 who asserts an involvement successful diverseness and inclusion, provided of people that it is politically expedient.
Kezhaya added:
At bottom, my litigation strategy connected this substance progressive pitting Wu’s and the City’s litigation goals (i.e., concocting a credible prevarication arsenic to wherefore my lawsuit volition ne'er person an invite, but which is besides someway not unconstitutional spiritual discrimination) against Wu’s idiosyncratic goals (i.e. winning her mayoral election). My stake was that her self-interest would triumph retired against the litigation, and she would take to expend her constricted clip and efforts connected her run arsenic opposed to internalizing immoderate post-hoc justification the City comes up with based connected the extrinsic proof.
And helium asked who the hellhole does Wu deliberation she is, claiming she's "a small busy" and unavailable for answering questions connected Nov. 2, adjacent if she was being lingua successful feature successful her tweet?
No, an mean national would beryllium expected to connection an alternate day of communal agreeability.
In yet different filing, Kezhaya claims the radical agreed to reschedule its deposition to different day, but that the metropolis past refused and made a assertion that Wu, arsenic a nationalist official, is supra specified things.
Kezhaya did not explicate wherefore a akin subpoena was not issued to Annissa Essaibi George, who, similar Wu, is besides a metropolis councilor presently moving for mayor.
In immoderate case, helium claimed helium did thing that violates tribunal process and that helium is lone acting successful the champion involvement of his client:
I consciousness nary remorse for the enactment I took. As an attorney, it is my sworn work to bash thing abbreviated of breaking the instrumentality to spot to it that my client’s goals are recognized. This concern of litigation is zero-sum. Everything I bash which tin payment my lawsuit volition origin an adjacent and other effect connected the different side. I service my intent with each the zealous advocacy which my oath commands. And I expect thing little from my adversaries.
In a abstracted missive to Kelley, Kezhaya said helium powerfully objected to answering the judge's question:
The ground of my objection is the enactment merchandise privilege. Under the enactment merchandise privilege, Plaintiff is protected from compelled disclosure of, among different things, its attorneys’ intelligence impressions and proceedings strategies. ...
What goes connected successful my caput and successful my discussions with co-counsel to the extremity of winning this lawsuit is sacrosanct.