Question: When the government asks two courts to decide a case on the record it has chosen, what happens if both courts answer that the record is not finished?
Answer: They order more. On October 9, Judge Christopher Cooper refused to close discovery in the Kennedy Center case, extended it two weeks to October 23, and directed the Board to produce three things it had resisted: the FY 2026 financial statements, the text messages, and any non-privileged document showing that the Chairman’s February 1 announcement affected the votes the Board cast in August and September. The same day, Judge Emmet Sullivan ordered the Justice Department to produce the underlying handwritten FBI interview notes it had declined to furnish in redacted form, by noon on October 16. Two days earlier, Cooper ordered the unsealing of the 163-page JLL Plan on which the Board relies to justify the closure. And in the third docket, the D.C. Circuit, where the government wants both questions settled for good, let its October 9 dispositive-motions deadline pass with nothing filed and its stay motion still undecided eleven days after the last brief landed.
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