For many of the same reasons the Court should deny the expedited discovery
requested by Plaintiffs. This discovery, including the presentation of live witnesses,
would probe the Executive’s preliminary thinking on diplomatic efforts, and would go
well beyond requiring the Executive to reveal “what it can” about the status of this
process. Order at 2. That request is particularly inappropriate given that such
discovery could interfere with ongoing diplomatic discussions—particularly in the
context of President Bukele’s ongoing trip to the United States.
In addition, Plaintiffs’ request for “documents . . . reflect[ing] the terms of any
agreement, arrangement or understanding regarding the Government’s use of
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CECOT to house U.S. deportees,” ECF 62 at 4, calls for the immediate production of
classified documents, as well as documents that Defendants may elect to assert are
subject to the protections of attorney-client privilege and the State Secrets privilege.
It would be inappropriate for this Court to hastily order production of these sensitive
documents, particularly where Defendants are continuing to regularly update the
Court here.