Brennan Ctr. for Justice v. DOJ, No. 17-6335, 2018 WL 637424 (S.D.N.Y. Jan. 31, 2018) (Forrest, J.)

Brennan Ctr. for Justice v. DOJ, No. 17-6335, 2018 WL 637424 (S.D.N.Y. Jan. 31, 2018) (Forrest, J.)

Re: Request for records concerning Presidential Advisory Commission on Election Integrity

Disposition: Denying plaintiffs' motion for preliminary injunction

• Litigation Considerations, Preliminary Injunction:  "[T]he Court concludes that plaintiffs have not shown by a preponderance of the evidence that they are likely to suffer irreparable harm if preliminary relief is not granted or that the balance of equities tip in their favor."  First, the court finds that "Plaintiffs have failed to demonstrate by a preponderance of the evidence that there is an 'actual and imminent' threat of irreparable harm if DHS does not complete the requested production by July 2018."  The court explains that "there is no longer any possibility that the Commission itself will issue an official report or 'make its final recommendations as early as May 2018.'"  "It is of course possible that DHS and/or the White House will issue some sort of report along the lines of the Commission's original mandate this summer, but that is completely speculative at this point."  Second, "[t]he Court does not conclude in this case that defendants have willfully obstructed plaintiffs' right to access the requested documents."  "It is natural and understandable that plaintiffs want all records sooner than that, but the Court does not find by a preponderance of the evidence that the balance of equities tips in plaintiffs favor for purposes of the present motion for preliminary relief."