Last week it emerged that the Department of Justice had adopted the unprecedented tactic of employing a subpoena in order to recover copies of a classified document that had been provided without authorization to the American Civil Liberties Union.
Yesterday, in a swift and somewhat farcical conclusion to the controversy, the government withdrew the subpoena and announced that the document had been declassified (pdf).
The use of a subpoena was not intended as a threat, a government attorney wrote (pdf) to the court, but was issued in response to a “request” from the ACLU, so that the organization would not have to voluntarily surrender the document without “due process”:
“The Government issued the subpoena based on […] what it believed to be the ACLU’s request for a subpoena in lieu of voluntarily returning the then-classified document.”
Further background is available in “Government Backs Down in its Attempt to Seize ‘Secret’ Document,” ACLU, December 18, and “Prosecutors Drop A.C.L.U. Subpoena in Document Fight” by Adam Liptak, New York Times, December 19.
We won’t solve the cost-of-living crisis without improving the capacity of state public utility commissions to protect customers, find and implement new solutions to meet rising demand, and realign broken utility incentives.
Public service commissions should require utilities to quantify avoided healthcare costs, reduction in pollution exposure, and improvements in population health alongside traditional metrics.
California just took an important step toward making electric trucks more affordable and easier for businesses to buy.
In 2023 alone, more than 2,300 people died in the United States directly from extreme heat. Expanding access to residential air conditioning could reduce heat-attributable deaths and adult emergency department.