Paul Engelmayer
ON THE RECORD · 5 verbatim quotes · every quote source-verified
“The fact that a military commander has a 'need to know' the legal parameters of his authority does not make him a presidential adviser,”
Paul Engelmayer · said 2026-09-30 · reported 2026-10-01
The judge wrote that a military commander's need to know the legal parameters of his authority does not make him a presidential adviser.
“Using [Chairman of the Joint Chiefs of Staff General Dan] Caine's locution, it would be possible for a commander to 'rigorously follow' the guidance in the Memo without having seen it, if, for example, its essential conclusions had been communicated by other means,”
Paul Engelmayer · said 2026-09-30 · reported 2026-10-01
The judge noted that a commander could follow the memo's guidance without having seen it if its essential conclusions were communicated by other means.
“But the existing record does not permit the court to reliably resolve whether the agencies have waived their right to invoke the third (the presidential communications privilege),”
Paul Engelmayer · said 2026-09-30 · reported 2026-10-01
Judge Engelmayer wrote in a 66-page filing that the existing record does not permit the court to resolve whether agencies waived their right to invoke presidential communications privilege.
“raises more questions than answers.”
Paul Engelmayer · said 2026-09-30 · reported 2026-10-01
The judge said the Defense Department general counsel's attestation that the memo is held in a SCIF in his office raises more questions than answers.
“The court accordingly orders the agencies to furnish information to enable it to resolve that question.”
Paul Engelmayer · said 2026-09-30 · reported 2026-10-01
Judge Engelmayer ordered the agencies to furnish information so the court could resolve the question of whether presidential communications privilege was waived.