Satanists want to force Michelle Wu to go to Salem on Election Day to answer questions about invocations at city-council meetings

The Satanic Temple of Salem, whose ineligible squad present includes a hardball lawyer with a penchant for representing right-wing provocateurs, is demanding that Michelle Wu walk a bully portion of Election Day successful Salem, answering questions astir however the City Council chooses clergy members to pb the assembly successful invocations astatine its regular Wednesday meetings.

The questions would beryllium related to the Satanic Temple's a national suit against the council successful January, alleging that the information the assembly has ne'er invited immoderate Satanists to springiness an invocation is a usurpation of the First Amendment's Establishment clause.

City attorneys contiguous asked US District Court Judge Angel Kelley, who is proceeding the case, to artifact the determination to unit Wu to question to Salem connected Election Day, charging the group's subpoena to Wu, is harassment of a governmental candidate.

In a ineligible memorandum backing its question to quash the subpoena, metropolis attorneys said they had asked the Satanic Temple to prime different time oregon different metropolis authoritative with cognition of the invocation process, since Wu is simply a campaigner for politician connected Nov. 2, but that the radical refused and alternatively issued a subpoena for her connected that day.

City attorneys noted that the group's suit is against the full council, that portion its ailment mentions different councilors specifically, it does not sanction Wu specifically and that the metropolis had provided a database of 47 radical who could beryllium questioned, oregon deposed.

Plaintiff does not question the depositions of little ranking unit who whitethorn person akin oregon the aforesaid accusation oregon cognition with respect to the claims. Nor does Plaintiff question to depose immoderate of the metropolis councilors mentioned successful its Complaint. Plaintiff seeks lone to depose Councilor Wu connected a day that is unduly burdensome to her. Thus, considering that Defendant provided Plaintiff the accusation for forty-seven (47) individuals who are apt to person discoverable accusation regarding the taxable case; that find successful this lawsuit closes successful October of 2022; and that Plaintiff has yet to person immoderate find from Defendant successful this matter, Plaintiff’s insistence connected deposing Councilor Wu is simply harassment.

The metropolis acknowledges that elected officials tin beryllium deposed successful lawsuits, but cites decisions successful which courts person held this should beryllium constricted to cases successful which the officials tin supply accusation that cipher other tin - and says the radical should not beryllium allowed to harass governmental candidates similar this.

The Amended Complaint is devoid of immoderate existent allegations against Councilor Wu and fails to authorities however she contributed to a discriminatory legislative supplication strategy nor does the Amended Complaint picture immoderate relation that Councilor Wu played successful the improvement of the argumentation nether which invocation speakers are chosen.

Plaintiff has not demonstrated bully origin to depose Councilor Wu. Even if the City had created a discriminatory legislative supplication scheme, the Plaintiff could get this accusation done deposing lower-ranking authorities officials and City Council unit members regarding the argumentation nether which speakers are chosen. As a result, it is not permitted to question this accusation done Councilor Wu. ... Moreover, Councilor Wu has nary first-hand cognition astir the lawsuit law, anterior ineligible actions, oregon the circumstantial instances of favoritism alleged successful Plaintiff's Amended Complaint. Accordingly, Plaintiff has not demonstrated a request to depose Councilor Wu. See Church of Scientology of Boston, 138 F.R.D. astatine 12. As Plaintiff does not person bully origin to depose Councilor Wu, it should beryllium precluded from doing so, particularly wherever it has not sought to depose immoderate different lower-level City official.

In their petition for Kelley to contented a ceremonial "protective order" blocking Wu's deposition, the metropolis continues:

Quite clearly, Plaintiff seeks to instrumentality Councilor Wu's deposition for the sole intent of harassing and annoying her. Plaintiff has selected November 2, 2021 arsenic the day for Councilor Wu's deposition and sent announcement of specified to the City connected Friday, October 22 astatine 7 p.m. EST. Of peculiar value is the information that the Plaintiff chose to subpoena, retired of each the City Councilors and unit members moving for the City Council, Councilor Wu, who is simply a campaigner successful the City's wide Mayoral predetermination besides taking spot connected November 2, 2021. In addition, Plaintiff has selected this peculiar Councilor connected this peculiar day anterior to receiving immoderate find responses from the City and anterior to seeking depositions from immoderate different City worker oregon authoritative that whitethorn person idiosyncratic cognition of the allegations successful the Amended Complaint.

Subjecting Councilor Wu to this benignant of questioning connected the day of an predetermination successful which she is simply a candidate, astatine this aboriginal signifier of discovery, wherever nary accusation beyond archetypal disclosures has been exchanged betwixt the parties, undoubtedly constitutes undue load and annoyance. Perhaps much importantly, Plaintiff has not adjacent alleged viable claims against Councilor Wu successful his Amended Complaint. Plaintiff's Amended Complaint lacks notation to Councilor Wu successful immoderate of its 117 paragraphs. Subjecting Councilor Wu to deposition nether these circumstances violates the national rules of civilian process nether F.R.C.P. Rule 45(d)(1) and subjects her to undue load and annoyance. Moreover, the harm to Councilor Wu acold outweighs immoderate request of the Plaintiff to depose her, particularly astatine this aboriginal juncture successful the litigation and particularly connected an predetermination time connected which she is 1 of 2 candidates for Mayor of the City. If the deposition were permitted, it would promote aboriginal plaintiffs to record lawsuits solely for the intent of deposing high-ranking authorities officials astatine the opening of their actions without having to marque immoderate circumstantial allegations related to specified official.