Prof. Yoo filed a request today for permission to file an amicus brief in support of the Class Plaintiffs’ request to be able to reference a limited amount of confidential discovery material during oral argument before the D.C. Circuit in Perry v. Lew on Fri., Apr. 15, and copies of his request and proposed amicus brief are attached to this e-mail message. Prof. Yoo points out that the documents to which the Class Plaintiffs want to refer aren’t privileged, or the Class Plaintiffs wouldn’t have them, so the reason this handful of documents more than three-years-old isn’t public is not because they are privileged but because the government doesn’t want the public to second guess its decision to nationalize the GSEs and wants to avoid public criticism.13-465-0307
