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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.

verbatim, matched to source ABC News
“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.

verbatim, matched to source ABC News
“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.

verbatim, matched to source ABC News
“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.

verbatim, matched to source ABC News
“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.

verbatim, matched to source ABC News
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